New Zealand’s Port and Harbour Marine Safety Code: a case study in co-regulation

The inaugural annual national forum on the 2016 New Zealand Port and Harbour Marine Safety Code took place in July 2017 in Wellington. The 2016 code replaced a code originally put in place in 2004. Participants in the forum included the 2016 code partners: port companies, regional councils/unitary authorities, Maritime New Zealand, as well as maritime industry representatives, and other government agencies with an interest in maritime safety. The forum represented an important waypoint in the journey from the development, implementation and review of the 2004 code, to the development and implementation of the 2016 code as a key part of the regulatory system that seeks to manage port and harbour risks. Zealand’s ports and harbours (Ministry of Transport, 2007, p.7). While the 2004 code was well intentioned and created some improvement in the safety management culture in New Zealand’s ports and harbours, over time concerns emerged about its relevance, effectiveness and efficiency as a way of managing successfully the risks it was intended to deal with. These concerns were addressed by establishing the 2016 code as part of a coregulatory mechanism which is defined by a memorandum of understanding (MoU) (Maritime New Zealand, 2017a) signed by representatives of port companies, councils and Maritime New Zealand. While not legally binding, the MoU commits the parties to principles of tripartite joint ownership of the 2016 code, voluntary adoption of mutually agreed standards, collaboration, commitment of human resources to support delivery of an agreed work plan, information sharing, and joint funding of a secretariat. The 2016 code establishes clear responsibilities and accountabilities Keith Manch