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:

• Ports Authority Act 1994-95
• Prevention of Marine Pollution Act 1998
• Admiralty Act 2004
• Ship Registration Act 2007
• Maritime Transport Act 2008

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 Offences Regulations 2014
• Maritime Transport (Small Motorised Vessels) Regulations 2014
• Shipping Infringement Deficiency Regulations 2014

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:

• Maritime STCW Rules 2020
• Gazette Rules 2014 (gazette for the suite of rules issued in 2014)
• International Convention on the Control of Harmful Anti-Fouling Systems on Ships Rules 2014 (Anti Fouling Rules)
• International Convention for the Control Management of ships Ballast Water and Sediments Rules 2014 (Ballast Water Rules)
• International Convention on Civil Liability for Bunker Oil Pollution Damage Rules 2014 (Bunkers Convention Rules)
• Protocol to the International Convention on Civil Liability for Oil Pollution Damage Rules 2014 (CLC Prot 1992 Rules 2014)
• Protocol to the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage Rules 2014 (Fund Prot Rules 2014)
• Marine Casualty and Incident Investigation Rules 2014 (Casualties Investigation Rules)
• Code of Safety for Dynamically Supported Craft Rules 2014, (DSC rules 2014)
• International Convention on Load Lines Rules 2015 (Load Lines Rules 2015 NO.2)
• International Convention for the Prevention of Pollution from Ships Rules 2014 (MARPOL Rules 2014)
• Maritime Labour Convention Rules 2014 (MLC Rules 2014)
• International Convention for the Safety of Life at Sea Rules 2014 (SOLAS Rules 2014)
• International Convention on Tonnage Measurements for Ships Rules 2014 (Tonnage Rules 2014)
• Nairobi International Convention on the Removal of Wrecks Rules 2014 (Wreck Removal Rules 2014)
• International Convention on Standards of Training, Certification and Watchkeeping for Seafarers Rules 2014 (STCW Rules 2014)
• Non-Convention Ship Rules 2014 (for non-SOLAS Convention ships)
• Large Yachts Rules 2014 (LYC Rules 2014)
• Sail Training Rules 2014