How Maritime NZ will regulate health and safety issues under the MTA and HSWA

Our position

HSWA and the MTA both aim, among other things, to achieve the same outcome, which is to ensure the health, safety, welfare, and wellbeing of people undertaking commercial activity in the maritime domain. HSWA and the MTA are equally important and must both be complied with.

HSWA:

• sets out duties for people involved in commercial activities for their own health and safety and for the health and safety of workers and others, including people affected by the work
• requires health and safety risks to be managed so far as is reasonably practicable, by eliminating risks, or if elimination is not reasonably practicable, minimising risks.

The MTA:

• sets out general requirements, including that people must not cause unnecessary risk or danger to any other person
• sets out prescriptive requirements that allow for:
• the control of risks to the health, safety, and wellbeing of people involved with commercial activity in the maritime domain
• the safety of vessels on the water.

Where there is a requirement for a safety management system, such as on a commercial vessel, controls put in place in accordance with the MTA must be reviewed and maintained.

Both HSWA and the MTA set out duties and requirements for people and operators undertaking commercial activity in the maritime domain. HSWA is intended to work in conjunction with other regulation, as shown by section 35 of HSWA.

People must meet their HSWA duties and MTA requirements. Where maritime legislation, rules, or standards set requirements in relation to controlling a risk, we will deem those requirements to be what is reasonably practicable under HSWA and we will not seek to enforce a higher standard.

Where a risk is not addressed by MTA requirements because of the nature or circumstances of a commercial operation, the duty holder must put in place effective risk controls, so far as is reasonably practicable. Controls put in place in accordance with HSWA must be reviewed and maintained.

If MTA requirements and or HSWA duties are not met, Maritime NZ may take action under either or both Acts, depending on the circumstances.

Legislative basis

• Maritime Transport Act 1994 and its regulations and Maritime Rules
• Health and Safety at Work Act 2015 and its regulations.

Further information

You can find more information on the Maritime NZ website, including:

• information and resources for commercial maritime operators on their safety obligations
• relevant published operational policies
• Maritime Rules
• HSWA information for commercial operators.

The Maritime Transport Act 1994, the Health and Safety at Work Act 2015, and associated regulations are available on the New Zealand Legislation website.

Further information on HSWA is available from WorkSafe New Zealand:

Key terms