Issue date
Recreational skippers planning international voyages are being urged to speak up on proposed changes to two important areas of maritime regulation - including how pleasure craft are cleared to leave New Zealand waters.
Maritime New Zealand has released a working paper reviewing the effectiveness of current maritime legislation. Among the most significant proposals are the possible repeal of Section 21 of the Maritime Transport Act 1994, which governs the approval of pleasure craft departing New Zealand for international ports, as well as a clarification of New Zealand’s ability to regulate foreign-flagged vessels while they are in local waters.
Yachting New Zealand is calling on the offshore cruising community to help shape any changes that could directly affect their safety and operations.
"This proposal from Maritime New Zealand to repeal Section 21 and replace it with regulations would mean recreational boaties won't need to satisfy the Director of Maritime New Zealand and get formally checked before departing New Zealand waters," said Raynor Haagh, Yachting New Zealand's General Manager: Community and Development. "There could be wide-reaching consequences for the New Zealand sailing and boating community and that's why we're urging people to respond."
Haagh says the matter is already being actively worked through with key stakeholders, including Yachting New Zealand's safety inspectors and its Cruising Inshore and Offshore Racing Committee (CIORC).
From 1 July 2024, anyone intending to take a recreational boat overseas must apply to Maritime NZ for an International Voyage Certificate (pleasure craft), rather than seeking a category 1 certificate from Yachting New Zealand as previously required. Foreign-flagged vessels must also notify Maritime NZ before departing New Zealand on an international voyage.
Yachting New Zealand continues to manage category 1–3 inspections for boats racing offshore. However, if the voyage starts in New Zealand and includes a race overseas, skippers must still secure an International Voyage Certificate. This process currently sits under Section 21, which requires the Director of Maritime NZ to be satisfied that the vessel, its equipment and crew are adequate for the voyage.
Section 21 under review
Maritime NZ believes the legislation now needs modernising. It argues that Section 21 places responsibility on the agency rather than on vessel masters - a departure from how domestic recreational boating is regulated - and limits flexibility to respond to new safety risks.
Three pathways are being considered. The preferred option would repeal Section 21 and introduce proportionate maritime rules to ensure appropriate safety standards for pleasure craft heading offshore, while keeping skippers responsible for their vessels under Section 19 of the Act. Other options include removing Section 21 entirely without replacement, or revising it so masters must notify Maritime NZ before departure.
Under the preferred approach, future safety requirements - such as mandatory communications equipment - could be updated more easily through maritime rules.
Clarifying rules for foreign-flagged vessels
The second proposal would address a 1998 Court of Appeal decision that limits New Zealand's ability to apply additional safety requirements to foreign-flagged vessels using its ports and internal waters. Maritime NZ says this is out of step with international practice and could restrict New Zealand from managing emerging risks.
A legislative amendment is proposed to confirm that maritime rules can impose standards beyond international conventions where reasonable and clearly stated. Any changes enabled by this clarification would be subject to consultation.
How to have your say
Maritime NZ and Yachting New Zealand want to hear from those most affected, particularly boaties who undertake international voyages in pleasure craft.
Feedback is sought on which Section 21 option should be adopted and why, including what safety requirements should apply if maritime rules replace the current system. Stakeholders are also asked whether they support clarifying New Zealand's ability to regulate foreign-flagged vessels and whether there are impacts not yet identified.
For more information - including the specific questions for feedback - see the Maritime NZ working paper below (scroll to page 40).
Please complete the following short survey by clicking here.
