5316 NEW ZEALAND GAZETTE No. 190

craft emergency position-indicating radio beacon so stowed that it can be rapidly placed in any survival craft.

Dated at Wellington this 31st day of October 1989.

W. P. JEFFRIES, Minister of Transport.

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The Lifesaving Appliances (Code of Practice for New Ships of Classes I and II) Notice 1989

Pursuant to section 235 of the Shipping and Seamen Act 1952, the Minister of Transport hereby gives the following notice.

Notice

1. Title and commencement—(1) This notice may be cited as the Lifesaving Appliances (Code of Practice for New Ships of Classes I and II) Notice 1989.

(2) This notice shall come into force on the 1st day of November 1989.

2. Code of Practice prescribed—The Code of Practice set out in the Schedule to this notice is hereby prescribed for the purposes of the Shipping (Lifesaving Appliances) Regulations 1989.

Schedule

Code of Practice for New Ships of Classes I and II

1. Interpretation

In this Schedule unless the context otherwise requires:

“The Act” means the Shipping and Seamen Act 1952.

“Approved” means approved in writing by the Director.

“Buoyant apparatus” means flotation equipment (other than lifebuoys and lifejackets) designed to support persons who are in the water.

“Certified” means certified by a certificate issued under section 219 of the Act or accepted by a surveyor as equivalent to such certificate for the purposes of this Schedule.

“Child” for the purposes of these Regulations a “child” means a passenger weighing less than 32 kg and the term “childrens lifejacket” shall mean a lifejacket approved for use by a person weighing less than 32 kg.

“Existing ship” means a ship which is not a new ship.

“Float-free launching” means that method of launching a survival craft whereby the craft is automatically released from a sinking ship and is ready for use.

“Hydrofoil ship” means a ship which is supported above the water surface in normal operating conditions by hydrodynamic forces generated on foils.

“Immersion suit” means a protective suit which reduces the body heat-loss of a person wearing it in cold water.

“Launching appliance or arrangement” means an appliance or arrangement for transferring a survival craft, or boat from its stowed position safely to the water.

“New ship” means a ship of which the keel is laid, or in respect of which a similar stage of construction is reached,

(a) in the case of a ship of Class I, on the 1st day of July 1986; and

(b) in the case of a ship of Class II, on the date of commencement of this Notice;

and for the purposes of this definition, “similar stage of construction” means the stage at which construction identifiable with the ship comprises at least 50 tonnes or 1 per cent of the estimated mass of the structural material of the completed ship, whichever is the less. A cargo ship, whenever built, which is converted to a passenger ship shall be treated as a passenger ship constructed on the date on which such a conversion commences.

“Passenger ship” means a ship carrying more than 12 passengers, or, in the case of a ship plying within restricted limits, means a ship carrying any passengers.

“Person” means a person over the age of 1 year.

“Rescue boat” means a boat designed to rescue persons in distress and to marshal survival craft.

“Surface effect ship” means a ship the weight of which, in the normal operating condition, is partially supported by a cushion of air expelled from the ship, and by the buoyancy of its immersed hull or hulls.

Other expressions defined in the Act have the meaning so defined.

2. Application

This Schedule applies to New Ships of Classes I and II except ships of Class II which are hydrofoil ships or surface effect ships.

3. Lifeboats, rescue boats and liferafts

(1) Every ship of Class I or Class II to which this Code of Practice applies shall carry either:

(a) On each side of the ship lifeboats of sufficient aggregate capacity to accommodate 1/2 of the total number of persons which the ship is certified to carry; or

(b) Lifeboats and liferafts which together provide sufficient aggregate capacity to accommodate the total number of persons which the ship is certified to carry provided there shall never be less than sufficient lifeboats on each side of the ship to accommodate 37.5 per cent of the total number of persons which the ship is certified to carry; or

(c) In the case of a ship of Class II which is subdivided in accordance with the requirements of the Shipping (Construction) Regulations 1989 lifeboats of sufficient aggregate capacity for at least 30 per cent of the total number of persons the ship is certified to carry and liferafts of sufficient aggregate capacity that together with the lifeboats will accommodate the total number of persons the ship is certified to carry. The lifeboats shall be distributed equally on each side of the ship so far as practicable and the liferafts shall be served by approved launching appliances equally distributed on each side of the ship.

(2) The lifeboats carried pursuant to sub-clause (1) of this clause shall comply with the performance standards for “partially enclosed lifeboats”, or “self righting partially enclosed lifeboats”, or “totally enclosed lifeboats”.

(3) The liferafts carried in compliance with sub-clause (b) of this clause shall be served by approved launching appliances. There shall never be less than 1 such appliance on each side of the ship, and the difference in the number of appliances fitted on each side shall not exceed 1.

(4) Every such ship shall carry in addition to any liferafts carried in compliance with sub-clause (1) (b) or (1) (c) of this clause, liferafts of sufficient capacity to accommodate 25 per cent of the total number of persons the ship is certified to carry. Such liferafts shall be of a type capable of being launched by the appliances fitted in compliance with sub-clause (3) of this clause and they shall be served by at least 1 launching appliance each side of the ship which may be those provided in compliance with the requirements of sub-clause (3) of this clause.

(5) Every such ship of less than 500 gross tonnage which is certified to carry less than 200 persons, may comply with the following requirements in lieu of complying with the requirements of sub-clause (1) (a), (b) or (1) (c) and sub-clause (4) of this clause:

(a) It shall carry on each side of the ship, liferafts of sufficient aggregate capacity to accommodate the total number of persons the ship is certified to carry;

(b) Unless the liferafts required by sub-clause (5) (a) can be readily transferred for launching on either side of the ship, additional liferafts shall be provided so that the total capacity