Life Jackets for Children and Young Persons Bill

Life Jackets for Children and Young Persons Bill The Parliament of New Zealand enacts as follows: 1 Title This Act is the Life Jackets for Children and Young Persons Act 2025 Maritime Transport (Lifejackets on Recreational Craft) Amendment Act 2025 . 2 Commencement This Act comes into force on the day after the date on which it receives the Royal assent the 28th day after Royal assent . 3 Principal Rules This Act amends Part 91 of the Maritime Rules (the principal Rules ), which were made under section 36 of the Maritime Transport Act 1994. 4 Rule 91.2 amended (Definitions) In rule 91.2, insert in its appropriate alphabetical order: life jacket means a buoyancy aid that — a is designed to be worn on the body; and b is certified by a recognised authority as meeting— i type 401, 402, 403, 404, 405, or 408 in NZ Standard 5823:1989; or ii type 401, 402, 403, 404, 405, or 408 in NZ Standard 5823:2001; or iii type 401, 402, 403, 404, 405, or 406 in NZ Standard 5823:2005; or iv a national or international standard whose application is considered by the Director to have substantially the same effect as the application of any of subparagraphs (i) to (iii) ; and c is serviceable: In rule 91.2, delete the definition of personal flotation device . In rule 91.2, replace the definition of recognised authority with: recognised authority means an authority that the Director considers is competent to certify a life jacket’s compliance with a standard: In rule 91.2, in the definition of vessel , replace . with : . In rule 91.2, after the definition of vessel , insert: waterline length means the horizontal distance between the most forward and the most aft points on a vessel's hull, measured— a at the vessel's waterline; and b without including the vessel's outboard motor, if it has one; and c when the vessel has no persons on board; and d when the vessel is stationary; and e when the vessel is not affected by the wind. 5 Rule 91.4 amended (Personal flotation devices) Replace the heading to rule 91.4 with Life jackets . Replace 91.4(1) with: 1 No person in charge of a recreational craft of over 6 m in waterline length may use it unless, at the time of use, life jackets are on board— a in numbers sufficient for each person on board; and b in sizes appropriate for each person on board; and c in a location readily accessible by each person on board. 1A No person in charge of a recreational craft of 6 m or less in waterline length may use it unless, at the time of use,— a each person on board under the age of 15 years wears a life jacket in a size appropriate for him or her; and b each person on board of or over the age of 15 years has available to him or her a life jacket— i in a size appropriate for him or her; and ii in a location readily accessible by him or her. In rule 91.4(2), replace Rule 91.4(1) and with Rule 91.4(1) , (1A), and . In rule 91.4(2)(e), replace personal flotation device with life jacket . In rule 91.4(3), replace personal flotation devices with life jackets . In rule 91.4(4), replace rule 91.4(1) with rule 91.4(1) and (1A) . In rule 91.4(4), replace personal flotation devices with life jackets . In rule 91.4(5), replace Rule 91.4(1) and with Rule 91.4(1) , (1A), and . In rule 91.4(6), replace personal flotation device with life jacket . In rule 91.4(7), replace personal flotation device with life jacket . In rule 91.4(9), replace personal flotation device with life jacket . In rule 91.4(9)(a), replace device with life jacket . 3 Principal Act This Part amends the Maritime Transport Act 1994. 4 Schedule 1AA amended In Schedule 1AA,— a insert the Part set out in the Schedule of this Act as the last Part; and b make all necessary consequential amendments. 5 Principal rules This subpart amends the Maritime Rules Part 91: Navigation Safety Rules. 6 Part objective amended In the Part objective, after the fifth paragraph, insert: Changes made by Maritime Transport (Lifejackets on Recreational Craft) Amendment Act 2025 The Maritime Transport (Lifejackets on Recreational Craft) Amendment Act 2025 amended Part 91 to— make Part 91 more accessible by replacing references to personal flotation device with the more commonly used term lifejacket : add a new requirement for the person in charge of a recreational craft to ensure that each person on board is wearing a lifejacket while the craft is underway. The requirement applies to recreational craft that are 6 metres or less in length and is subject to the same exceptions as the existing Part 91 requirement to carry lifejackets: incorporate the Maritime Transport (Class Exemption—Carriage of Personal Flotation Devices on Stand-up Paddleboards in Surfing Zone) Notice 2022 into Part 91. 7 Rule 91.2 amended (Definitions) In rule 91.2, revoke the definition of personal flotation device . In rule 91.2, definition of recognised authority , replace a personal flotation device’s compliance with that a lifejacket complies . In rule 91.2, insert in their appropriate alphabetical order: length overall — a means the length of the vessel measured from the foreside of the head of the stem to the aftermost part of the transom or stern of the vessel; and b for the purposes of paragraph (a) ,— i includes structures (such as bulbous bows, deckhouses, free flooding bait tanks, and buoyancy tubing) that project beyond those terminal points; but ii does not include fittings (such as beltings, bowsprits, platforms, gantries, trim tabs, and jet and outboard drive units) that project beyond those terminal points: lifejacket means a lifejacket, personal flotation device, or other buoyancy aid that is— a designed to be worn on the body; and b serviceable; and c certified by a recognised authority as complying with any of the following: i a New Zealand standard for buoyancy aids; or ii any national or international standard that the Director considers has substantially the same requirements as a New Zealand standard for buoyancy aids: New Zealand standard for buoyancy aids means any of the following: a type 401, 402, 403, 404, 405, or 408 in NZS 5823:1989: b type 401, 402, 403, 404, 405, or 408 in NZS 5823:2001: c type 401, 402, 403, 404, 405, or 406 in NZS 5823:2005: out back means the area of open water adjacent to the area of breaking waves where— a waves are not breaking; and b a SUP surfer may wait before attempting to ride a wave: stand-up paddleboard or SUP means a recreational craft, similar to a surfboard, of rigid or inflatable construction that is— a sufficiently buoyant for the user to stand upright on the board when it is stationary; and b only powered manually by the SUP surfer using a paddle or by pumping (if using a board with hydrofoils); and c not powered by a motor of any kind: SUP surfer means a person in charge of a stand-up paddleboard for the purpose of SUP surfing: SUP surfing — a means the action of riding breaking waves towards the shore on a stand-up paddleboard in a surfing zone where the board is propelled by the slope of the advancing wave; and b includes activities directly related to the action described in paragraph (a) , such as— i paddling through the transit zone; and ii waiting or resting out back; and iii attempting to catch waves; and iv returning to out back or to a position to catch waves: surfing zone — a means an area of water between the shore and open water where waves advancing towards the shore are breaking due to wave shoaling to form rideable waves; and b includes— i any body of salt water or fresh water where wind or swell waves exist with sufficient magnitude to produce rideable waves; and ii out back; and iii the transit zone; but c does not include— i river waves or any area where waves are formed by flowing water, such as standing waves, tidal bores, or upstream waves; and ii areas of open water where a SUP surfer may paddle an extended distance to reach the breaking waves or out back: transit zone means the area of water between the nearest appropriate point of entry to, or exit from, the water and the surf or out back, through which a SUP surfer may transit in order to enter or exit the water safely: underway , in relation to a vessel, means not— a at anchor; or b made fast to the shore; or c aground: 8 Rule 91.4 amended (Personal flotation devices) Replace the heading to rule 91.4 with “ Lifejackets ”. In rule 91.4,— a replace personal flotation device with lifejacket in each place: b replace personal flotation devices with lifejackets in each place. After rule 91.4(1), insert: 1A A person in charge of a recreational craft of 6 metres or less in length must ensure that each person on board is wearing a lifejacket of an appropriate size while the craft is underway. 1B However, rule 91.4(1A) does not require a person in charge of a recreational craft to ensure that a lifejacket is worn by a person on board the craft if that person is actively engaged in recreational swimming from the craft (for example, where the person is preparing to jump from the craft for the purpose of recreational swimming). In rule 91.4(2),— a replace Rule 91.4(1) and (6) with Rule 91.4(1), (1A) , and (6) : b after paragraph (a), insert: aa a SUP surfer, if the surfer is attached to the stand-up paddleboard by a board leash that is fit for purpose and suitable for the circumstances; and In rule 91.4(4), replace rule 91.4(1) with rule 91.4(1) and (1A) . In rule 91.4(5), replace Rule 91.4(1) and (6) with Rule 91.4(1), (1A) , and (6) . In rule 91.4(9), replace subrules (1) and (6) with rule 91.4(1), (1A) , and (6) . Revoke rule 91.4(10). 9 Consequential revocation The Maritime Transport (Class Exemption—Carriage of Personal Flotation Devices on Stand-up Paddleboards in Surfing Zone) Notice 2022 is revoked. New Part 5 inserted into Schedule 1AA of Maritime Transport Act 1994 5 Provisions relating to Maritime Transport (Lifejackets on Recreational Craft) Amendment Act 2025 15 Interpretation In this Part,— amendment Act means the Maritime Transport (Lifejackets on Recreational Craft) Amendment Act 2025 commencement date means the date on which the amendment Act comes into force. 16 Process for amending inconsistent navigation bylaw 1 This clause applies in relation to a navigation bylaw that— a was in force immediately before the commencement date; and b becomes inconsistent with or repugnant to the Maritime Rules Part 91: Navigation Safety Rules on the commencement date as a result of the amendments to those rules made by the amendment Act. 2 The regional council that made the navigation bylaw may, under section 33M(1), amend or revoke the bylaw to remove the inconsistency or repugnancy without consulting any person other than the Director (in accordance with section 33M(1)). 3 If the regional council reviews the navigation bylaw in accordance with section 158 or 159 of the Local Government Act 2002,— a section 160(3)(a) of that Act does not apply to a proposal to amend or revoke the bylaw to remove the inconsistency or repugnancy; and b the regional council may, for that purpose, amend or revoke the bylaw by resolution publicly notified without being required to— i consult in accordance with section 82 of that Act; or ii use the special consultative procedure set out in section 83 of that Act.