Maritime Transport Amendment Bill

on behalf of the Minister of Transport: I move, That the Maritime Transport Amendment Bill be now read a second time. The bill has three parts, which provide for, firstly, managing the risk of alcohol and drug impairment in the commercial maritime sector; secondly, international compensation arrangements for maritime incidents causing marine pollution; and, thirdly, miscellaneous provisions, including improving access to shipping services to the Chatham Islands, and improving access to shipping services to other offshore islands. I want to thank the members of the Transport and Industrial Relations Committee for their work on this bill. I also want to thank those who took the time to make a submission on this bill. The committee’s report includes many sensible recommendations that will help to ensure the bill achieves its worthy objectives. I understand the committee worked hard and collaboratively on this bill.

The most significant proposal in the bill addresses the risks associated with alcohol and drug use in the commercial maritime sector. A new Part 4B to the Maritime Transport Act will more effectively manage these risks. Maritime operators will implement their drug and alcohol management plans by incorporating relevant requirements into employment agreements. New maritime rules will establish requirements that concern the content of, and procedural requirements for, drug and alcohol management plans, procedural requirements for random drug and alcohol testing, and other related matters.

As reported back, the bill contains several changes that will help to ensure the effective implementation of the new system. The 1997 Protocol to the Convention on Limitation of Liability for Maritime Claims (LLMC) substantially increases the limits of liability under the LLMC claims arising from maritime incidents causing loss or damage. Sections 86(3), 87(5), and 88(2) of the Act currently refer only to the LLMC. The bill amends these provisions to also reference the protocol. The bill, as introduced, included an amendment to replace section 86(4) of the Act, which specifies claims that are not affected by the LLMC. While the new provision was intended to more directly reflect language contained in the LLMC, submissions on the proposed change identified legal and technical issues with taking this approach. As reported back, the bill therefore excludes the proposed amendment.

The bill gives effect in New Zealand law to the Supplementary Fund Protocol, an international oil pollution compensation fund. New Zealand’s accession to the protocol, which Cabinet agreed to in 2014, will provide for an additional tier of compensation available to deal with the damage caused by oil spill damage from tankers. The bill also contains miscellaneous measures to improve the operation of existing provisions in the Act and address minor anomalies by way of amendments. These include improving the flexibility of empowering provisions for the making of rules under the Act, allowing regional councils to retain fees from infringement notices issues for breaches of maritime rules, enabling territorial authorities to transfer responsibilities for harbour works and maritime activity, and clarifying that powers transferred to a public authority can be varied or can be withdrawn.

Miscellaneous measures also include improving access to shipping services to the Chatham Islands and other offshore islands by easing the restriction on the use of foreign-registered ships to carry freight between these places and mainland New Zealand, clarifying that the Director of Maritime New Zealand may issue guidelines consistent with ballast water convention requirements and processes, clarifying the definition of “marine protection conduct” for the purposes of marine protection rules, and extending on board limitation of liability provisions to remote pilotage. The miscellaneous measures also include an amendment to section 33M of the navigation by-laws to facilitate space launch activities. This will enable launches over water to be carried out safely from a maritime standpoint.

The amendment will allow regional councils to make navigation by-laws to control the use of ships in areas affected by space activities, and was prompted by a submission on the Outer Space and High-altitude Activities Bill.

The bill includes other minor and technical changes, including transitional arrangements which I have not explicitly covered. However, these changes are set out in the committee’s report. They are consistent with the bill’s aim of improving the efficiency, effectiveness, and safety of the maritime transport system.

It is with much pleasure that I present the second reading of the Maritime Transport Amendment Bill. I am pretty sure that the speeches to follow will be much more absorbing. However, I commend this bill to the House.

I thank the honourable Minister for her delivery of that. In accordance with a determination of the Business Committee, I call on Lindsay Tisch to deliver his valedictory statement.

Debate interrupted.