Follow up consultation on Maritime Rules to implement the Cape Town Agreement
This follow-up consultation followed a previous invitation to comment undertaken in August 2020. Maritime NZ and Te Manatu Waka sought input in order to finalise proposed Maritime Rules Part 404 – Design, Construction and Equipment, so that New Zealand can accede to the Cape Town Agreement this year.
Once in force, the Agreement will provide an internationally binding framework for fishing vessel safety. It will apply in full to any new New Zealand fishing vessels (or any that have undergone major conversion) certified for operating on the high seas. These vessels are categorized as ‘New Zealand Cape Town Vessels’.
The consultation sought comment on the proposed use of transport instruments for some of the technical content needed to implement the Agreement. Transport instruments are a relatively new form of secondary legislation, and are considered appropriate for content that is detailed, technical or likely to change periodically, such as prescriptive standards. They can also help the Rules to become easier to read and update.
The draft Part 404 Rules includes provisions that would establish transport instruments for a number of matters originally consulted on in 2020 as ‘Acceptable Means of Compliance’ (AMOC). In this follow up consultation, Maritime NZ and Te Manatu Waka invited comment on these enabling provisions on behalf of the Associate Minister of Transport.
The Director of Maritime NZ also sought comment on the proposed transport instruments that these enabling provisions will establish. The draft transport instruments were provided alongside the draft Rules in order to present a more holistic package of proposals on which to give feedback.
Maritime NZ had also refined the policy position on annual surveys for New Zealand Cape Town Vessels from the two original options presented in the 2020 consultation. It was proposed to require annual surveys for these vessels and enable the ability to apply for case-by-case exemptions as provided for under the Agreement.
Invitation to comment (including draft Rules)[PDF: 2.12MB, 151 pages]
Info Sheet – Existing New Zealand vessels[PDF: 377kB, 6 pages]
Info Sheet – Foreign vessels[PDF: 114kB, 2 pages]
Info Sheet – FAQs[PDF: 307kB, 3 pages]
Cape Town Agreement 2012[PDF: 1.17MB, 185 pages
August 2020 consultation document and draft Rules[PDF: 695kB, 116 pages]
Please note that consultation on this document has closed.
The following documents are referred to in Part 404. We’ve linked them here for your convenience, or noted where they have been revoked.
- Part 1 of Annex 1 to the International Code for Application of Fire Test Procedures, 2010 (2010 FTP Code) adopted by IMO Resolution MSC.307(88)” in the definition of “non-combustible material”
Referenced in rule 404.143(6), MTI-404.130, and MTI-404.131
MSC 307 88 (imo.org)
- IMO Resolution A.706(17), now updated by MSC.1/Circ.1288/Rev.1
Referenced in rule 404.2 definition of NAVAREA
- IMO resolution A.917(22), as amended by A.956(23
Referenced in MTI-404.210. Amended by Res.A.956(23), then subsequently revoked by Res.A.1106(29).
- IEC 60092 series of standards – Electrical installations in vessels
Referenced in rule 404.93.
IEC 60092:2022 SER | IEC Webstore
- Australian Standard 1530 Part 3 Methods for fire tests on building materials, components and structures - Simultaneous determination of ignitability, flame propagation, heat release and smoke release
Referenced in rule 404.143(5) and MTI-404.130 and MTI-404.131.
AS/NZS 1530.3-1999 - Standards Australia
- NZS 5807:1980 Code of Practice for Industrial Identification by Colour, Wording or other Coding
Referenced in rule 404.148 and MTI-404.130 and MTI-404.131.
NZS 5807:1980 Code of practice for industrial identification by colour, wording or other coding - SPONSORED | Building CodeHub
- GMDSS Master Plan adopted by the IMO
Referenced in MTI-404.210 first row in table
- SOLAS Chapter IV regulation 2
Referenced in rule 404.2 in sea area A4 definition.
Chapter IV - Radiocommunications (imorules.com)
- Uniform Shipping Laws Code
Referenced in rule 404.30
Uniform Shipping Laws code (amsa.gov.au)
- National Standard for Commercial Vessels
Referenced in rule 404.30
National Standard for Commercial Vessels (NSCV) (amsa.gov.au).