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Media Release

5c984407-b790-4ff2-b14a-aa0b3748af40.jpg

New requirements for pleasure craft departing overseas

Yachting New Zealand have been working with Maritime New Zealand to clarify the process skippers must undertake to best prepare their vessels before heading overseas.

Under Section 21 of the Maritime Transport Act, New Zealand-registered vessels must obtain a Category 1 safety certificate before departing New Zealand.

Skippers of New Zealand-registered vessels must also notify the director of Maritime New Zealand of their intention to leave. This can be done using a simple online form, which is found on the Maritime New Zealand website, and skippers of foreign vessels are encouraged to follow this process as well.

“Yachting New Zealand have been delegated by the director of Maritime New Zealand to conduct Category 1 safety inspections,” Yachting New Zealand chief executive David Abercrombie said. “The inspections focus on the design, construction and condition of the vessel as well as the capability and qualifications of the skipper and crew undertaking the voyage.

“The primary reason for these inspections is to make sure everyone departing New Zealand remains as safe as possible throughout the voyage, and that they can get help if anything goes seriously wrong. We ask that skippers engage with Yachting New Zealand early in the process to make sure they are supported throughout and any last-minute problems are avoided.”

Maritime New Zealand and Yachting New Zealand have also published an easy-to-follow flow chart to help people better understand what needs to be done to obtain a Category 1 safety certificate and comply with the act. This can be found here or on the Maritime New Zealand website.

“Working alongside our colleagues at Yachting New Zealand means that, from a safety and design perspective, skippers know exactly what they have to do to be given permission to depart,” Maritime New Zealand manager sector engagement and collaboration Baz Kirk said.

“Skippers must also ensure their vessel is registered with and departure details provided to Maritime New Zealand before they leave, and keep in mind travel restrictions due to the Covid-19 pandemic.” 
 
ENDS

  • For more information, please contact Yachting New Zealand communications manager Michael Brown on 021 677 618 or michaelb@yachtingnz.org.nz
  • Photo: Pixabay
 
 
 
 
 
 
Coupled with the destination of the flow chart link:
https://www.yachtingnz.org.nz/sites/default/files/2021-02/2. End to end process flowchart for getting a Category 1 certificate V11 (FINAL-Web).pdf
 
Wherein Box No.8 clearly states: 
  • 8. Master notifies MNZ of intention to depart NZ via the MNZ website  (Must be completed by all vessels; domestic and foreign)

 

So which is it? Are foreign yachts "encouraged" or "must" they notify MNZ?

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25 minutes ago, DrWatson said:

Media Release

5c984407-b790-4ff2-b14a-aa0b3748af40.jpg

New requirements for pleasure craft departing overseas

Yachting New Zealand have been working with Maritime New Zealand to clarify the process skippers must undertake to best prepare their vessels before heading overseas.

Under Section 21 of the Maritime Transport Act, New Zealand-registered vessels must obtain a Category 1 safety certificate before departing New Zealand.

Skippers of New Zealand-registered vessels must also notify the director of Maritime New Zealand of their intention to leave. This can be done using a simple online form, which is found on the Maritime New Zealand website, and skippers of foreign vessels are encouraged to follow this process as well.

“Yachting New Zealand have been delegated by the director of Maritime New Zealand to conduct Category 1 safety inspections,” Yachting New Zealand chief executive David Abercrombie said. “The inspections focus on the design, construction and condition of the vessel as well as the capability and qualifications of the skipper and crew undertaking the voyage.

“The primary reason for these inspections is to make sure everyone departing New Zealand remains as safe as possible throughout the voyage, and that they can get help if anything goes seriously wrong. We ask that skippers engage with Yachting New Zealand early in the process to make sure they are supported throughout and any last-minute problems are avoided.”

Maritime New Zealand and Yachting New Zealand have also published an easy-to-follow flow chart to help people better understand what needs to be done to obtain a Category 1 safety certificate and comply with the act. This can be found here or on the Maritime New Zealand website.

“Working alongside our colleagues at Yachting New Zealand means that, from a safety and design perspective, skippers know exactly what they have to do to be given permission to depart,” Maritime New Zealand manager sector engagement and collaboration Baz Kirk said.

“Skippers must also ensure their vessel is registered with and departure details provided to Maritime New Zealand before they leave, and keep in mind travel restrictions due to the Covid-19 pandemic.” 
 
ENDS

  • For more information, please contact Yachting New Zealand communications manager Michael Brown on 021 677 618 or michaelb@yachtingnz.org.nz
  • Photo: Pixabay
 
 
 
 
 
 
Coupled with the destination of the flow chart link:
https://www.yachtingnz.org.nz/sites/default/files/2021-02/2. End to end process flowchart for getting a Category 1 certificate V11 (FINAL-Web).pdf
 
Wherein Box No.8 clearly states: 
  • 8. Master notifies MNZ of intention to depart NZ via the MNZ website  (Must be completed by all vessels; domestic and foreign)

 

So which is it? Are foreign yachts "encouraged" or "must" they notify MNZ?

Well the notifying MNZ for NZ vessels is a new requirement since 2019 when I last checked out

https://www.maritimenz.govt.nz/recreational/the-basics/going-overseas.asp#notifying_MNZ

scroll down the link and it says "All Masters must notify MNZ of their intended departure". So I would read that includes foreign registered vessels

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21    Pleasure craft departing for overseas
(1)
No master of a pleasure craft shall permit that pleasure craft to depart from any port in New Zealand for any place outside New Zealand unless—
(a) the Director has been notified in writing of the proposed voyage and the full name of the person who is in command of the pleasure craft; and
(b) the Director is satisfied that the pleasure craft and its safety equipment are adequate for the voyage; and
(c) the Director is satisfied that the pleasure craft is adequately crewed for the voyage; and
(d) the pleasure craft and the master comply with any relevant maritime rules.
(2)
No pleasure craft shall be entitled to a certificate of clearance to depart from any port in New Zealand under the Customs and Excise Act 2018 unless subsection (1) has been satisfied.


Compare: 1952 No 49 s 308; 1987 No 184 s 14

Section 21(2): amended, on 1 October 2018, by section 443(3) of the Customs and Excise Act 2018 (2018 No 4).

___________________________

Above is the relevant Section 21 of the Maritime Transport Act.  I have a few questions - like exactly how is the Director going to ensure that you comply with relevant maritime rules?

 

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20 minutes ago, Dtwo said:

Above is the relevant Section 21 of the Maritime Transport Act.  I have a few questions - like exactly how is the Director going to ensure that you comply with relevant maritime rules?

The Director has to be 'satisfied' that you intend to comply with relevant maritime rules.

They don't need to ensure that you do.

That's the kind of catch all rule intended to catch vessels that are knowingly going to do something against the rules. Eg advertising that you're going to hunt down and ram a whaling ship and sink both boats would probably not satisfy the Director. 

52 minutes ago, Dtwo said:

What is it about "given permission to depart" makes me want to throw my toys out of the cot?

Why? Isn't this a good thing? I think that people who owe taxes, fines, overdue student loans, have outstanding arrest warrants, etc, should not be able to just up and leave.

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So are they again trying to force foreign registered vessels to get an inspection? That's what I was getting at. 

 

also (c) the Director is satisfied that the pleasure craft is adequately crewed for the voyage; 

Solo voyaging is out? Or one experienced crew member can also count as adequate?
 What about autonomous vessels? like the one that washed up in Aussie? What about autonomous vessels with passengers (not crew)...

 

 

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Covid permitting I was planning to check out next year using my German registry and sailing solo. Might be interesting. 

 

I have been saying for years that offshore cruising is in its death throes. But I am surprised how quickly it is happening. 

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5 hours ago, DrWatson said:

So are they again trying to force foreign registered vessels to get an inspection? That's what I was getting at. 

 

My view is the page is poorly worded vis a vis local vs foreign boats when you consider it states

In addition to the above requirements, all vessels must be registered as a New Zealand ship with the Registrar of Ships at Maritime New Zealand (MNZ).

Clearly this is only considering NZ registered vessels. The court cases following Section 21 inspections which were imposed for all vessels departing NZ post 1994 storm established that foreign vessels did not fall under the Cat 1 obligations. The only exception for a foreign vessel anywhere, I believe under IMO, is that governments do have the right to stop a vessel sailing if they are of the view it is manifestly unsafe. I know the Australian government has invoked this a couple of times, and possibly here as well for some dodgy fishing boats.

I might have a little chat with Angus to find out more....

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10 hours ago, Black Panther said:

Covid permitting I was planning to check out next year using my German registry and sailing solo. Might be interesting. 

 

I have been saying for years that offshore cruising is in its death throes. But I am surprised how quickly it is happening. 

Your inbox full? Tried to PM you. 

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On 1/05/2021 at 6:44 PM, DrWatson said:

Poorly worded, like a lot of attempted legislation.

Have received some feedback from Angus - he will pass on our concerns for a formal response. Let's see what MNZ/YNZ come back with 

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31 minutes ago, waikiore said:

Unfortunately BP maybe right about offshore cruising

I would tend to agree for now. 

Fiji will quite likely have their border closed for some months.

The quarantine free bubble between Australia and NZ only applies to arrivals by air, not rec vessels. It would appear the available exemption for rec vessels only applies to those "seeking refuge" , ie coming out of cyclone areas, and they have to undergo 14 day onshore quarantine.

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On 1/05/2021 at 4:09 AM, DrWatson said:

also (c) the Director is satisfied that the pleasure craft is adequately crewed for the voyage; 

 

Like a lot of legislation, this is left to the discretion of a suitably qualified person and to allow for a wide range of circumstances.

"Adequately" is not "optimally" "ideally" or especially "to meet the prescribed ratios set out in Cluse 27 subcluase b para 22".  Its a finding by the delegated person inspecting the craft that the crew in toto has an adequate mix of skills, capabilities experience and training given the inteded voyage (and the risk to others including the rest of the crew I would imagine).

As signatories to various treaties on provision of assistance to those on the high seas, it's kinda realistic (imo) that we minimise the risk of having to spend 100s of 1,000s of $ on rescuing poorly prepared and resourced intrepid types who think that being a trans-tasman or south pacific sailor would give them teh right amount of wind-swept and interesting points.

In practise, it would mean nothing at all to those of you who do have what I'm guessing 99% of you would regard as sufficient experience and well-resourced vessels.

There is a level of angst here about perceived curtailing of freedoms that is disturbing akin to some of the gun lobby in the USA.

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3 hours ago, aardvarkash10 said:

There is a level of angst here about perceived curtailing of freedoms that is disturbing akin to some of the gun lobby in the USA.

Rubbish.  The argument involves increasing levels of mindless and meaningless bureaucracy imposed by folk who have no clear levels of experience (at least the last head fella anyway).  "Freedom" doesn't come into it and this discussion hasn't needed to debate whether or not it should be permissable.

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You always had to satisfy the director of maritime that the boat and crew were suitable. This assessment was, and still is, delegated to the YNZ inspectors.

The wording could be improved, especially re foreign vessels, but it seems the standards are recommended only for them. As it was previously.

The form of advice of intended departure is new, but does not seem particularly onerous IMO.

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9 hours ago, Dtwo said:

 who have no clear levels of experience (at least the last head fella anyway). 

not just the head fella, no one on the board or listed in "Maritime NZ People" lists a sea going qualification, and not even a recreational qualification. Nor do any appear to have served at sea, yet these are the same people who are making the decisions:

https://www.maritimenz.govt.nz/about/people/default.asp

At the same time, given that the safety inspection system is here to stay, I believe we need to give all the support we can to Angus and the "crusty old salts" who make up the safety inspectors team at YNZ because they are the only purveyors of common sense compared to the insanity we would otherwise face from MNZ. If some think I am overstating this look at MNZ's absolute debacle that has been the implementation of the MOSS system for commercial boats to replace the old SSM system.

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4 minutes ago, marinheiro said:

not just the head fella, no one on the board or listed in "Maritime NZ People" lists a sea going qualification, and not even a recreational qualification. Nor do any appear to have served at sea, yet these are the same people who are making the decisions:

 

I'm pretty sure the Road Transport section is not staffed entirely by retired truck drivers either.  Maritime NZ has three core functions  (according to their website) and none of them require anyone at Department level to operate a vessel.  The DO require skills in legislation regulation, coordination, industry consultation etc

The skills required to run a government department are not the skills required to be an operator of a device controlled under the department's function.  Its a laughable argument to suggest that everyone right to the top of any organisation must have career working experience in that field to be credible.

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