
Maritime rules relate to the safety of ships and
people. The rules prescribe requirements for
ship design, construction, equipment, crewing,
operation and tonnage measurement, and for the
carriage of passengers and cargoes. Many of the
standards are based on international ship safety
conventions.
The
maritime and marine protection rules are
statutory instruments (or secondary legislation)
made by the Minister of Transport under the
Maritime Transport Act
1994.
While the Maritime Transport Act stipulates
broad principles of maritime law, the rules
contain detailed technical standards and
procedures. Compliance with the rules is
required because they form part of New Zealand
maritime law. Failure to comply with the rules
may be an offence under the act.
Maritime New Zealand has the power to make
emergency rules in certain circumstances, under
the Maritime Transport Act 1994.
Part 21
is divided into two sections.
Section 1 incorporates the SOLAS
74 Chapter IX requirement that
shipowners implement a
shore-based and shipboard safe
management system in compliance
with the International Safety
Management Code (ISM Code).
Section 2 requires ships be in
an approved Safe Ship Management
(SSM) system managed by and
approved by the Director of
Maritime NZ for that purpose.
Part
22 provides the 'Rules of the road' for ships.
Also included are the standards for the
installation performance and use of lights for
collision avoidance, and the sound and light
signals used for the communication of safety
information
Part 31B: Crewing & Watchkeeping
- Offshore, Coastal & Restricted (Non-Fishing
Vessels)
Part
31B provides for the determination of the number
of crew and qualifications required on
restricted-limit ships (other than fishing
ships), and ships of less than 45 metres in
length that operate outside restricted limits
(other than fishing ships).
Part 91:
Navigational Safety Rules
Part 91 continues
the basic navigation safety rules contained in
the Water Recreation Regulations, 1974, with
some modifications and additions to bring the
requirements up-to-date with modern boating
conditions and safety expectations.
Part 91
sets basic national navigation
standards. These standards may be
enforced locally by Regional
Councils through consistent bylaws
made under the Local Government Act
1974. Regional variation is
permitted in the navigation safety
bylaws through mechanisms prescribed
in Part 91.
Part 91
also covers new requirements for the
carriage of personal floatation
devices (buoyancy aids designed to
be worn on the body) on pleasure
craft.
Provision is made for exemptions to
these requirements in restricted
circumstances where compliance with
the rule is impractical or
inappropriate. The rules, which
incorporate a standard for personal
floatation devices, also make the
wearing of personal floatation
devices mandatory in certain
circumstances.