Maritime Legislation -Domestic - Cook Islands Ministry of Transport
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Maritime Legislation -Domestic

Regional

The Cook Islands is active within the Pacific Community (SPC) and also participates in other regional initiatives such as the Asia Pacific Heads of Maritime Safety Agencies (APHOMSA) 

National

The Cook Islands has a modern suite of Maritime Legislation which is comprised of primary legislation (Acts) and subordinate legislation (Regulations and Rules).  Key documents are provided here.

Please note that the Pacific Islands Legal Information Institute (PacLII) also provides links to legislation for Pacific Island states.  The PacLII website notes that users of the site should be aware the PacLII databases may not be complete.

Maritime Legislation

 

Acts

There are a number of major pieces of legislation that are related to the administration of maritime matters:

 

Maritime Transport Act (MTA)

A key Act for maritime is the Maritime Transport Act. This Act requires general compliance and prescribes offences for failure in relation to general compliance, but also is prescriptive in the sense that it permits the making of rules to incorporate convention obligations, which if not complied with is an offence under regulations empowered by the Act. A prosecution for non-compliance is instigated by the Secretary of Transport.

Ship Registration Act

The Cook Islands operates an open register for ships and yachts through a delegation between the Ministry of Transport and Maritime Cook Islands.  The key Act for shipping registration is the Ship Registration Act.  This Act permits the registration of ships and requires compliance with the law and standards (including rules made under the MTA). The Registrar has a wide discretion through directives and notices to require compliance and can impose infringement penalties for deficiencies (Shipping (Infringement deficiency) Regulations 2014). The Registrar imposes infringement of fines.

Regulations

Regulations are subordinate legislation that can be made under the Acts.  There are a number of regulations related to the administration of maritime matters:

Rules

Rules are also subordinate legislation that can be made under the Acts.  In 2014 a number of modern rules were established, which revoked existing rules.  The Maritime Rules (Revocation)  Rule 2014 identifies the rules that were revoked.

There are a number of Maritime Rules related to the administration of maritime matters: