Pursuant to section 40AA(1)(b) of the Maritime Transport Act 1994, the Director of Maritime New Zealand, being satisfied of the matters set out in section 40AA(2) of that Act, gives the following notice.

Notice

1. Title

This notice is the Maritime Transport (Class Exemption – Securing Points) Notice 2024.

2. Commencement

This notice comes into force on 27 August 2024.

3. Interpretation

In this notice, unless the context otherwise requires,—

Act means the Maritime Transport Act 1994.

Rules means Maritime Rules Part 24B: Carriage of Cargoes – Stowage and Securing.

Delivery voyage means a voyage for the purpose of relocating an empty vehicle in order to get the vehicle in position to commence operations from a new location. It does not include the relocation of the vehicle as part of the normal business operations of the owner and operator of the vehicle, for example, travelling between locations to carry out contracts of service.

(1) Any term or expression that is defined in the Act or the rules and used, but not defined, in this notice has the same meaning as in the Act or the rules.

4. Exemption for Securing Points

(1) The class of person described in subclause (2) is exempted from the requirements specified in rule 24B.10(3) of the Maritime Rules, Part 24B: Carriage of Cargoes – Stowage and Securing, to ensure that a road freight vehicle, road tank vehicle, or road livestock vehicle taken on board a ro-ro ship to which rule 24B.14 applies,—

1. is marked with an information plate in accordance with NZS 5444:2005; and
2. has vehicle securing points that are adequate to secure the cargo for the intended voyage.

(2) The class is the master of a ro-ro ship operating between Wellington and Picton or Picton and Wellington to which rule 24B.14 applies who takes on board an empty road freight vehicle, road tank vehicle, or road livestock vehicle for the purpose of a delivery voyage of that vehicle.

5. Conditions of Exemption in Clause 4

(1) The exemption in clause 4 is granted subject to the conditions set out in subclause (2).

(2) The master of the ship must ensure that:

1. the shipper of the road freight vehicle, road tank vehicle, or road livestock vehicle holds a valid exemption from rule 24B.10(2) and has complied with all conditions; and
2. the securing arrangements for the road freight vehicle, road tank vehicle, or road livestock vehicle are adequate for the voyage conditions.

6. Expiry of Exemption

(1) The exemption in clause 4 expires on the sooner of:

1. the date that the exemption in clause 4 is replaced or revoked; or
2. 26 August 2029.

Dated at Wellington this 20th day of August 2024.

KIRSTIE HEWLETT, Director, Maritime New Zealand.

Statement of Reasons

This notice exempts a class of master from compliance with specified requirements in Maritime Rules, Part 24B: Carriage of Cargoes – Stowage and Securing, made under the Act (see section 40AA(1)(b)).

General provisions relating to the exemptions

The exemption in clause 4 of the notice relates to rule 24B.10(3). This rule sets requirements for a master of a ro-ro ship to ensure that a road freight vehicle, road tank vehicle, or road livestock vehicle to which rule 24B.14 applies, is marked with an information plate in accordance with NZS 5444:2005 and is fitted with adequate vehicle securing points.

In respect of the requirements under rule 24B.10(3), the exemption will apply to the class of ro-ro ship masters described in clause 4. The exemption permits the master to allow on board an empty road freight vehicle, road tank vehicle, or road livestock vehicle for the purposes of a delivery voyage, subject to the conditions set out in clause 5.

The exemption comes into force on 27 August 2024 and it expires on 26 August 2029 (unless it is sooner replaced or revoked).

Director may grant exemptions from maritime rules

The Director of Maritime New Zealand, being satisfied as to the matters set out in section 40AA of the Act, thinks it appropriate to grant the class exemption because:

• Maritime Rule 24B.10(2) requires shippers to not offer a vehicle¹ for shipment on a ro-ro ship² unless it is fitted with vehicle securing points and marked with an information plate in accordance with NZS 5444:2005. Empty vehicles that are doing a one-off delivery voyage can apply and be considered for an individual exemption from 24B.10(2) as fitting of securing points and information plates may be unnecessary or inappropriate for a one-off voyage. If an exemption from 24B.10(2) is granted to the shipper then it follows that a corresponding exemption should be available to the master of the ro-ro ship, in respect of 24B.10(3).
• The proposed conditions to this exemption require that the master of the ship ensures that the shipper of the road freight vehicle holds a valid exemption from 24B.10(2) and all conditions of that exemption are complied with, and that the securing arrangements for the vehicle are appropriate for the voyage conditions.

The Director is further satisfied that the exemption meets the criteria in section 40AA(2) of the Act and conditions are appropriate as:

• No international convention requirements: the requirements are purely domestic requirements that do not implement any international conventions. Therefore granting the exemptions will not breach New Zealand’s obligations under any convention (section 40AA(2)(a)).
• One of the criteria in section 40AA(2)(b) applies:

(iii) the requirement is clearly unreasonable or inappropriate in this particular case

• It is clearly inappropriate to require that the master ensure that the shipper complies with a rule requirement which the shipper has been exempted from.

• Risk of harm to the marine environment: Any potential increase of environmental risks is managed by the controls built into this exemption; limiting the exemption to empty vehicles and ensuring that they are only carried when the alternative securing arrangements are adequate for the conditions. Therefore the granting of the exemption will not significantly increase risk of harm to the marine environment (section 40AA(2)(c)).
• Risk to safety: Fitting of securing points and an information plate may be unreasonable or inappropriate for a one-off voyage. The risk to safety in each particular case would be considered as part of the individual exemption process for the shipper to be exempt from 24B.10(2). The master’s other duties to take appropriate precautions during the loading and transport of cargo units on board the ship to ensure that the cargo unit remains secure (maritime rule 24B.10(1)) and that cargo is secured to prevent, so far as is practicable, damage or hazard to the ship, hazards to persons on the ship and loss of cargo overboard (maritime rule 24B.8). It is also a condition of the class exemption that the master ensures that the securing arrangements for the vehicle are appropriate for the voyage conditions. Therefore granting the exemption will not significantly increase risk to safety (section 40AA(2)(d)).

1. Vehicle refers to a road freight vehicle, road tank vehicle, or road livestock vehicle.

2. To which maritime rule 24B.14 applies.