Cat 1 Safety Assessments
Safety assessments are essential for New Zealand recreational yachts going overseas. Under Section 21 of the Maritime Transport Act, yachts must notify the Director of Maritime New Zealand (MNZ) and meet safety standards before departure.
Previously managed by Yachting New Zealand (YNZ), this process is now administered by MNZ as of June 2024. Yacht owners now need to apply for an International Voyage Certificate under the new system. Noteworthy changes include:
Single onsite visit: MNZ's vessel adequacy assessor (VAA) conducts a single onsite visit requiring the vessel to be out of water and free of fouling. If the assessment cannot be completed or if there are significant changes to the vessel, a new application is required.
Assessment locations: Physical assessments are offered only in Kerikeri, Auckland, and Nelson. VAAs cannot travel to vessels, posing challenges for applicants needing to relocate their yachts.
Processing time: Applications should be made 3-6 months before departure. This timeframe accounts for equipment lead times and crew training.
Despite these procedural changes, some aspects remain the same:
Assessment standards: Onsite assessments ensure vessel adequacy without being specialist surveys.
Certificate validity: Valid for 60 days, extendable to 90 days with no material changes.
Adequacy standards: Crew qualifications are similar, requiring one additional crew member with ocean-going experience, and two persons with basic first aid training.
We have received feedback from yacht owners that MNZ’s administration of the requirements imposes a more prescriptive standard to YNZ's more practical approach – with reference to the tick sheet completed by the VAA. Other feedback received is that it is difficult to coordinate the VAA surveys, crew certification and other requirements and align these with weather windows to depart NZ. Further, once the approval is obtained, the certificate only remains current for 60 days before expiry. There are no qualification requirements for the VAA – which has led to confusion on the part of vessel owners, on whether this is an assessment or a survey – and what the distinction is between the requirements.
We have heard of instances of yacht owners registering their vessels offshore out of frustration with the requirements, which may potentially undermine the intent of the Section 21's safety objectives. No doubt the system will be tweaked by the regulator to address some of the challenges with the current regime.
If you have any questions relating to Cat 1 safety assessments, please contact Peter Dawson on +64 27 229 9624 or peter@maritimelaw.co.nz , or Troy Stade on +64 27 368 6730 or troy@maritimelaw.co.nz.