Recommendation Date
Recipient Name
MNZ
Text
On 23 August 2017, the Commission recommended that Maritime New Zealand issue guidance and advice to operators and surveyors about the need to take a risk-based approach when determining the level of surveyor oversight required for changes to critical systems, regardless of whether or not the changes are considered major modifications.
Reply Text
I write in response to your letter of 23 August 2017 in which you set out the final recommendation on the above inquiry and ask that I inform you of Maritime New Zealand's intentions in respect to the same.
The Commission has recommended that Maritime New Zealand issue guidance and advice to operators and surveyors regarding the need to take a risk-based approach when determining the level of surveyor oversight required for changes to critical systems, regardless of whether those changes are considered major modifications.
I agree that maritime operators taking a risk-based approach to surveyor oversight of changes to critical systems is a sound approach. I also agree that a similar approach is appropriate for the work of surveyors.
I am advised that, because of the way that Maritime Rules Parts 44 and 19 are constructed, the issuance of such guidance may not achieve the intended effect. That is because they do not define 'critical systems' and they only require surveyor oversight and approval in the event of a major repair or a major modification.
It is my view that the more enduring way of achieving the objective identified by the Commission is to review the legal framework to support a risk-based approach to surveyor oversight. This would require amendments to Rule Parts 19 and 44; in particular, the addition of a definition of 'critical systems' and clarity as to the point at which surveyor oversight is required in the process of critical system changes.
Maritime New Zealand currently has a programme of work on its current regulatory programme which is well suited to consider this matter at some depth and may result in a proposal to change the rules, subject to Ministerial agreement. As the Commission may appreciate, if changes to the rules are required, this process could take a couple of years to complete.
The Commission has recommended that Maritime New Zealand issue guidance and advice to operators and surveyors regarding the need to take a risk-based approach when determining the level of surveyor oversight required for changes to critical systems, regardless of whether those changes are considered major modifications.
I agree that maritime operators taking a risk-based approach to surveyor oversight of changes to critical systems is a sound approach. I also agree that a similar approach is appropriate for the work of surveyors.
I am advised that, because of the way that Maritime Rules Parts 44 and 19 are constructed, the issuance of such guidance may not achieve the intended effect. That is because they do not define 'critical systems' and they only require surveyor oversight and approval in the event of a major repair or a major modification.
It is my view that the more enduring way of achieving the objective identified by the Commission is to review the legal framework to support a risk-based approach to surveyor oversight. This would require amendments to Rule Parts 19 and 44; in particular, the addition of a definition of 'critical systems' and clarity as to the point at which surveyor oversight is required in the process of critical system changes.
Maritime New Zealand currently has a programme of work on its current regulatory programme which is well suited to consider this matter at some depth and may result in a proposal to change the rules, subject to Ministerial agreement. As the Commission may appreciate, if changes to the rules are required, this process could take a couple of years to complete.
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