Our regulatory approach
We do this in two main ways:
- Proactively, through our harm prevention programmes where we partner with the maritime sector, and through cross-sector initiatives to address common issues.
- Responsively, through the actions we take to address harm or risk of harm from maritime activity we become aware of through notifications or proactive audits and inspections. We also undertake a range of other responsive regulatory activities, like the certification of seafarers, search and rescue, and responding to major maritime incidents.
Harm prevention
Harm prevention is at the centre of our regulatory approach.
When we talk about harm, we mean harm to:
- the health and safety of those playing in, working in, or utilising the maritime sector
- the environment (including air pollution)
- property, the economy and security of New Zealand.
Causes of harm in the maritime domain are often complex and systemic and therefore require a suite of actions and a range of tools from Maritime NZ, and others to make change, achieve buy-in and deliver results. For this reason, we look for opportunities to partner with the maritime sector to address harm or risk of harm.
How we respond
One of the main ways we prevent harm is by responding to harm or risk of harm that we become aware of through notifications we receive, or as part of our proactive audits and inspections.
How we respond to the harm, or risk of harm, will be proportionate to its severity and other factors such as the actions and attitude of the parties involved. Our priority is to ensure the underlying risk factors that led to the harm or risk of harm are addressed through appropriate corrective action taken by the person or PCBU. When this corrective action is underway, we will consider whether taking enforcement action is proportionate to the harm or risk of harm and the circumstances.
When assessing applications through our certification and licensing function, we look at type of role or the type and scope of operation, the people involved, and materiality of the risk to harm, as well as the information we hold on the risk posed by a particular seafarer or operator and adjust our level of effort appropriately.
How we make decisions about and conduct prosecutions
As a risk-based regulator we prioritise taking action to prevent harm from occurring across the maritime domain.
When harm has occurred, or an unsafe situation or non-compliance is identified, we will first require that corrective action be taken to address the situation. Following the necessary corrective action being substantively underway, we will consider if it is proportionate in the circumstances to hold a person to account using one of our enforcement tools, which includes prosecution.
Our regulatory principles
When carrying out our regulatory approach, our regulatory principles explain what people can expect from us. We will be: