Maritime Security Act 2004

1: Title
This Act is the Maritime Security Act 2004.
1: Preliminary provisions
2: Commencement
1: Sections 12 13 15 16 20 26 27 29 to 36 38
2: The rest of this Act comes into force on the day after the date on which this Act receives the Royal assent.
3: Purpose
The purpose of this Act is to—
a: enable New Zealand to meet its obligations under the Convention arising from amendments to the Annex to the Convention; and
b: enhance ship and port security; and
c: prevent international terrorism.
4: Application
1: This Act applies to—
a: the following types of ships:
i: passenger ships, including high-speed passenger craft, engaged on international voyages; and
ii: cargo ships, including high-speed craft, of 500 gross tonnage or more engaged on international voyages; and
iii: mobile offshore drilling units that are within New Zealand continental waters; and
b: port facilities within the territorial limits or continental waters of New Zealand that serve a ship of a type specified in paragraph (a); and
c: ships and port facilities identified under section 78
2: This Act does not apply to—
a: warships; or
b: naval auxiliaries; or
c: other ships that are—
i: owned or operated by the Crown; and
ii: used on non-commercial government service; or
d: pleasure craft (as defined in section 2(1) Annex to the Convention, Chapter XI-2 r 2; Code, Part A s 3
5: Interpretation
In this Act, unless the context otherwise requires,— authorised person
a: a maritime security officer; or
b: a constable
c: a Customs officer certificate section 9(1)(l) chief executive Code
a: amendments to Part A of the Code are adopted, are brought into force, and take effect in accordance with article VIII of the Convention concerning the amendment procedures applicable under the Annex of the Convention other than Chapter I of that Annex; and
b: amendments to Part B of the Code are adopted by the Maritime Safety Committee of the International Maritime Organization in accordance with its Rules of Procedure company company security officer
a: ensure that—
i: a ship security assessment is carried out; and
ii: a ship security plan is developed, submitted for approval, implemented, and maintained; and
b: liaise with port facility security officers and the ship security officer Convention
a: the Annex and Appendix to that Convention; and
b: all amendments of that Convention; and
c: all protocols to that Convention Customs officer section 5(1) declaration of security Designated Authority section 7 high-speed craft 3.7 0.1667 where 3 in writing International Safety Management Code maritime security document maritime security officer maritime security organisation section 44 master section 2(1) medical officer of health section 2(1) Minister mobile offshore drilling unit New Zealand continental waters section 222(1) New Zealand ship section 2(1) oil tanker passenger ship port section 2(1) port facility port facility operator
a: the owner of the port facility; or
b: if the owner is not responsible for the management of the port facility,—
i: the manager of the port facility; or
ii: any other person who is, for the time being, responsible for the management of the port facility port facility security officer port facility security plan port security area section 45 recognised security organisation section 9(j) security incident
a: ship; or
b: port facility; or
c: ship-port interface; or
d: ship-to-ship activity security level security level 1 security level 2 security level 3 ship
a: a hovercraft or other thing deriving full or partial support in the atmosphere from the reaction of air against the surface of the water over which it operates:
b: a submarine or other submersible:
c: a high-speed craft:
d: a mobile offshore drilling unit ship-port interface ship security officer ship security plan ship-to-ship activity ship's administration suspicious act Annex to the Convention, Chapter XI-2 r 1; Code, Part A s 2 Section 5 authorised person amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 5 Customs officer amended 1 October 2018 section 443(3) Customs and Excise Act 2018
6: Act binds the Crown
This Act binds the Crown.
6A: Act is maritime Act
1: This Act is a maritime Act under section 2(1)
2: This has the effect that transport instruments may be made for the purposes of this Act under section 452B
3: This section is intended as a guide only and is not an exhaustive statement as to the effects of this Act being a maritime Act under that Act. Section 6A inserted 1 April 2021 section 23 Regulatory Systems (Transport) Amendment Act 2021
6B: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1AA Section 6B inserted 1 April 2021 section 23 Regulatory Systems (Transport) Amendment Act 2021
2: Ship and port facility security
Designated Authority
7: Appointment of Designated Authority
1: The Governor-General may, by Order in Council, appoint a Crown entity as the Designated Authority.
2: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 7(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
8: Principal objectives of Designated Authority
The principal objectives of the Designated Authority are to ensure that—
a: the chief executive undertakes the activities that the Designated Authority considers necessary for the effective implementation of the Code; and
b: its decisions and the actions of the chief executive are consistent with the Convention and the Code.
9: Functions and duties of Designated Authority
1: In furtherance of its principal objectives, the Designated Authority must ensure that the chief executive,—
a: with respect to each port facility within the territorial limits or continental waters of New Zealand, ensures that—
i: port facility security assessments are carried out, reviewed, and approved in accordance with section 39
ii: port facility security plans are developed, implemented, and maintained in accordance with section 40 section 41
b: with respect to New Zealand ships, ensures that—
i: ship security assessments are carried out, reviewed, and updated in accordance with section 21
ii: ship security plans are developed, implemented, and maintained in accordance with section 22 section 23
c: specifies, in accordance with section 16
i: port facilities within the territorial limits or continental waters of New Zealand; and
ii: ships—
A: registered in New Zealand; or
B: using port facilities within the territorial limits or continental waters of New Zealand; or
C: conducting ship-to-ship activities within New Zealand continental waters; and
d: approves any amendment to an approved ship security plan in accordance with section 24
e: specifies and communicates the measures that must be addressed in a port facility security plan or a ship security plan for each security level; and
f: determines—
i: in accordance with section 12
ii: the requirements for any declaration of security; and
g: approves—
i: any port security assessment carried out by a recognised security organisation in accordance with section 39
ii: any port facility security plan in accordance with section 41
iii: any amendment to an approved port facility security plan in accordance with section 41
h: exercises the control measures specified in section 31(1) section 34(1)(b)
i: for the purpose of providing further information, publishes standards and codes of practice; and
j: authorises recognised security organisations in accordance with regulations made under this Act; and
k: undertakes any other functions or duties specified in regulations made under this Act; and
1: issues certificates; and
m: carries out the verification process necessary to issue certificates; and
n: issues continuous synopsis records; and
o: carries out any lawful direction of the Designated Authority.
2: In accordance with regulations made under this Act, the Designated Authority may approve—
a: training courses relevant to the Convention or the Code; and
b: the providers of those training courses. Annex to the Convention, Chapter XI-2 r 10 Chief executive
10: Functions and duties of chief executive
The chief executive must—
a: discharge the functions and duties specified in section 9
b: carry out, execute, or act on any lawful direction given by the Designated Authority under this Act or regulations made under this Act.
11: Chief executive may delegate certain functions and powers
1: The chief executive, either generally or particularly, may delegate to any employee of the Designated Authority any of the chief executive's functions and powers under this Act or regulations made under this Act.
2: The chief executive may delegate any of his or her functions and powers under this Act or regulations made under this Act to a recognised security organisation with the exception of the following functions and powers:
a: specifying the applicable security level for any port facility or ship; and
b: approving—
i: any port facility security assessment; or
ii: any amendment to an approved port facility security assessment; or
iii: any port facility security plan; or
iv: any amendment to an approved port facility security plan; and
c: exercising the control measures specified in section 31(1) section 34(1)(b)
d: specifying the requirements for a declaration of security.
3: A delegation—
a: must be in writing; and
b: must be given for a specified period but in any event is revocable at will; and
c: does not affect or prevent the performance of any function or the exercise of any power by the chief executive; and
d: may not be delegated; and
e: does not affect the responsibility of the chief executive for the actions of any person acting under the delegation.
4: A delegation under subsection (2) may not be made without the prior written consent of the Minister. Code, Part A s 4.3; 1994 No 104 ss 443(1) 444(3), (4), (8), (9)
12: When declaration of security required
The chief executive may require a declaration of security if he or she is satisfied that the ship-port interface or ship-to-ship activity poses a risk to persons, property, or the environment. Code, Part A s 5
13: Request for declaration of security
1: The master of a ship or the ship security officer may lodge a request with the port facility security officer, or with the master of another ship or the ship security officer of another ship for a declaration of security, or the modification of a declaration of security, if—
a: the ship is operating at a higher security level than the port facility or the other ship with which it is interfacing or intends to interface; or
b: the ship—
i: is registered in a State that is a party to the Convention; and
ii: can cite an agreement on a declaration of security between that State and New Zealand covering certain international voyages or specific ships on those voyages; or
c: a security incident involving the ship, or the port facility it is using or intends to use, has occurred; or
d: the ship is at a port that is not required to have and implement an approved port facility security plan.
2: The master of a ship or the ship security officer may lodge a request with the master of another ship for a declaration of security or the modification of a declaration of security if that ship is conducting ship-to-ship activities with that other ship, being a ship that is not required to have and implement an approved ship security plan.
3: A port facility security officer may, before or during a ship-port interface, lodge a request with the master of a ship or the ship security officer for a declaration of security, or the modification of a declaration of security, if—
a: the port facility security plan identifies the ship-port interface as being susceptible to a security incident; or
b: the port facility is operating at a higher security level than the ship with which it is interfacing or intends to interface. Code, Part A s 5
14: Alternative security agreements
1: If New Zealand has entered into an alternative security agreement in accordance with the Convention, the chief executive must supervise the alternative security arrangement for a ship or a port facility covered by that agreement.
2: A master of a ship covered by an alternative security agreement may not conduct any ship-to-ship activity with a ship not covered by that agreement unless that ship-to-ship activity is part of a search and rescue operation.
3: The chief executive must review each alternative security agreement—
a: periodically—
i: at an interval specified by the Minister; or
ii: in the absence of a specification by the Minister, at an interval specified by the alternative security agreement under review; or
b: in the absence of a specification by the Minister or by the alternative security agreement under review, every 5 years.
4: The review must take into account—
a: the experience gained from the agreement; and
b: any changes in the particular circumstances of the ships, port facilities, or routes covered by the agreement; and
c: any changes in the assessed threats to the security of the ships, port facilities, or routes covered by the agreement. Annex to the Convention, Chapter XI-2 r 11
15: Equivalent security arrangements
1: The chief executive may authorise a ship or group of ships registered in New Zealand to implement other security measures equivalent to those prescribed in this Act or regulations made under this Act if those security measures are at least as effective as those prescribed.
2: The chief executive may authorise a port facility or group of port facilities within the territorial limits or continental waters of New Zealand to implement other security measures equivalent to those prescribed in this Act or regulations made under this Act if those security measures are at least as effective as those prescribed.
3: If the chief executive authorises an equivalent security arrangement, the chief executive must report the particulars of that arrangement to the International Maritime Organization as soon as practicable.
4: Subsection (2) does not apply if the port facility or group of port facilities is covered by an alternative security agreement. Annex to the Convention, Chapter XI-2 r 12
16: Chief executive must specify security levels for ships and port facilities
The chief executive must—
a: specify, as security level 1, security level 2, or security level 3, the security level of every—
i: New Zealand ship; and
ii: port facility within the territorial limits or continental waters of New Zealand; and
b: change the security level specification if the chief executive considers it necessary to reduce the risk of a security incident; and
c: periodically review, and update as necessary, any security level that the chief executive specifies. Annex to the Convention, Chapter XI-2 r 3; Code, Part A ss 4.1, 7; 1994 No 104 s 55(8)
17: Chief executive must ensure provision of security level information
1: The chief executive must ensure the provision of—
a: security level information to—
i: every New Zealand ship; and
ii: any other ship intending to operate, or operating, within the territorial limits of New Zealand; and
iii: every port facility within the territorial limits or continental waters of New Zealand; and
b: updated security level information to any—
i: New Zealand ship whose security level has been changed; and
ii: other ship intending to operate, or operating, within the territorial limits of New Zealand if the ship's security level has been changed; and
iii: port facility within the territorial limits or continental waters of New Zealand if the port facility's security level has been changed; and
c: with respect to each security level 3 specification under section 16
i: every affected New Zealand ship; and
ii: any other ship affected intending to operate, or operating, within the territorial limits of New Zealand; and
iii: every affected port facility within the territorial limits or continental waters of New Zealand.
2: For the purpose of this section, the chief executive must provide the master of the ship with any information or instructions required under subsection (1), as the chief executive considers necessary, by any means of communication, whether or not of a permanent nature, that the chief executive considers appropriate in the circumstances. Annex to the Convention, Chapter XI-2 r 3; Code, Part A ss 4.2, 7; 1994 No 104 s 55(8)
18: Chief executive must test security plans
1: The chief executive must, to the extent that he or she considers appropriate, test the effectiveness of—
a: each approved port facility security plan; and
b: any amendment to an approved port facility security plan; and
c: each approved ship security plan of a New Zealand ship to which this Act applies; and
d: any amendment to an approved ship security plan of a New Zealand ship to which this Act applies.
2: If, after testing, the chief executive is satisfied that a plan or an amendment to a plan is not effective, the chief executive may require an amendment to be—
a: made to that plan or that amendment to a plan; and
b: submitted to him or her for approval. Code, Part A s 4.4 Ship security
19: Appointment of company security officers
A company must appoint company security officers in accordance with regulations made under this Act.
20: Masters and companies must comply with ship security levels
The master of a ship and the company must comply with any requirements specified in regulations made under this Act for the security level specified for that ship or class of ship—
a: before entering a port within the territorial limits or continental waters of New Zealand; and
b: while in a port within the territorial limits of New Zealand. Annex to the Convention, Chapter XI-2 rr 3, 4; Code, Part A s 7
21: Ship security assessment
1: The company of a New Zealand ship must ensure that a security assessment of that ship is carried out by a person with the appropriate skills to evaluate the security of that ship, taking into account any requirements specified in regulations made under this Act.
2: A company may engage a recognised security organisation to carry out the security assessment of a New Zealand ship.
3: A ship security assessment must comply with any requirements prescribed in regulations made under this Act.
4: The company of a New Zealand ship must ensure that each ship security assessment is—
a: periodically reviewed and updated, taking into account changing threats or minor changes in the ship; and
b: if major changes take place to the ship, reviewed and updated as soon as practicable. Code, Part A s 8
22: Ship security plans
1: The company of a New Zealand ship must—
a: develop, implement, and maintain a ship security plan for the ship based on the ship security assessment of that ship; and
b: update that ship security plan as required by a review of that plan under section 21(4)
2: A recognised security organisation may prepare the New Zealand ship security plan.
3: A ship security plan or amendments to a previously approved ship security plan must be approved by the chief executive before effect may be given to that plan or amendments to that plan.
4: The chief executive may engage a recognised security organisation to review and approve a ship security plan if that recognised security organisation has not been involved in the preparation of that ship's—
a: security assessment; or
b: security plan; or
c: security plan amendments.
23: Ship security plan approval
The chief executive, or a recognised security organisation engaged under section 22(4)
a: is consistent with the—
i: purposes of this Act; and
ii: security assessment for that ship; and
b: complies with the—
i: requirements of this Act; and
ii: requirements prescribed in regulations made under this Act.
24: Amendments to approved ship security plans
1: An amendment to a ship security plan approved under section 23
a: must be at least as effective as those measures prescribed in this Act or regulations made under this Act; and
b: may not be implemented unless the amendment or change is given written approval by the chief executive or a recognised security organisation engaged under section 22(4)
2: The master and the company must ensure that the written approval is—
a: held on board the ship; and
b: presented when required by the chief executive.
3: If written approval is given for a temporary amendment to an approved ship security plan or for a temporary change to any security equipment specified in an approved plan, once the original approved measures or equipment are reinstated, retention of the written approval for the temporary amendment or temporary change is no longer required. Code, Part A s 9
25: Review of decisions to not approve ship security plans
1: If the chief executive decides not to approve a ship security plan, or an amendment to a previously approved ship security plan, the company may request the chief executive to review his or her decision.
2: If the chief executive receives a request to review his or her decision, the chief executive must carry out his or her review and report the results of the review to the requesting company within 15 working days of the date on which the chief executive received the request.
3: If, after a review, the chief executive or recognised security organisation declines to approve a ship security plan, the company may appeal against that decision to the District Court section 64 Section 25(3) amended 1 March 2017 section 261 District Court Act 2016
26: Ship must have ship security plan on board
The master and the company of a ship must ensure that the ship has on board a ship security plan that—
a: the chief executive, or a recognised security organisation, has approved under section 23
b: provides for security level 1, security level 2, and security level 3; and
c: is protected from unauthorised access or disclosure. Code, Part A s 9
27: Ships required to have ship security systems
1: A ship must have a ship security alert system, an automatic identification system, a continuous synopsis record, and a ship identification number in accordance with the requirements set out in the Maritime Rules made under the Maritime Transport Act 1994
2: Before a master takes responsibility for a ship, the ship's company must ensure that the ship has the required security alert system.
3: When a master takes responsibility for a ship, the master must ensure that the ship has the required security alert system. Annex to the Convention, Chapter XI-2 r 6
28: Chief executive must notify alert
1: If the chief executive receives notification of a ship security alert, he or she must immediately notify the States in the vicinity of which the ship is operating.
2: If the chief executive receives notification of a ship security alert from a ship that is not registered in New Zealand, he or she must immediately notify—
a: the ship's administration; and
b: if appropriate, the States in whose vicinity the ship is operating. Annex to the Convention, Chapter XI-2 r 6
29: Certificate must be held on board
1: The master and the company must ensure that a certificate is held on board the company's ship.
2: The chief executive may verify that a certificate is on board a ship if that ship is in a port within the territorial limits or continental waters of New Zealand.
3: The master of a ship in a port within the territorial limits or continental waters of New Zealand must,—
a: on the request of the chief executive, produce the certificate; and
b: co-operate with the chief executive.
30: Advice required of ships intending to enter ports
1: The master must keep a record of the advice specified in subsection (2) for the last 10 calls at port facilities.
2: A master intending to enter a port within the territorial limits or continental waters of New Zealand must, prior to entry into that port, provide advice on the following matters to the chief executive to ensure compliance with this Act:
a: whether or not the ship possesses a certificate; and
b: the security level at which the ship is currently operating; and
c: the security level at which the ship operated in any previous port where it conducted a ship-port interface during the period of its last 10 calls at port; and
d: whether or not any special or additional security measures were taken by the ship in any previous port where it conducted a ship-port interface during the period of its last 10 calls at port taking into account any requirements prescribed in regulations made under this Act; and
e: whether or not the appropriate ship security procedures were maintained during any ship-to-ship activity during the period of its last 10 calls at port taking into account any requirements prescribed in regulations made under this Act; and
f: any other practical security-related matters, excluding details of the ship security plan, taking into account any requirements prescribed in regulations made under this Act.
3: If the chief executive requests evidence to confirm the advice specified in subsection (2), the master or the company must provide confirmation that is acceptable to the chief executive.
4: If a master or company declines to provide the advice or confirmation specified in subsection (2) or subsection (3), the chief executive may deny the ship entry to the port. Annex to the Convention, Chapter XI-2 r 9
31: Control of ships in ports
1: If a certificate is not produced when required under section 29
a: inspection of that ship for the purpose of ascertaining compliance with the certification requirements of this Act, including (but not limited to) requiring the master to—
i: provide the information that the chief executive considers relevant to the inspection; and
ii: demonstrate to the chief executive that—
A: the master or the relevant crew are familiar with essential shipboard security procedures; and
B: any shipboard security procedure is capable of being carried out in a competent manner:
b: delay of that ship:
c: detention of that ship:
d: restriction of the operations of that ship, including movement within the port:
e: expulsion of that ship from the port if—
i: the chief executive has reasonable grounds to believe that the ship poses an immediate threat to the security or safety of persons, ships, or other property; and
ii: there are no other appropriate means for removing that threat; and
iii: the chief executive has complied with section 36(4)
2: A ship may be expelled under subsection (1)(e) despite the provisions of any other enactment.
3: A control measure that is imposed under subsection (1)—
a: must be proportionate and reasonable, and of the minimum severity and duration necessary to rectify or mitigate any non-compliance; and
b: may additionally or alternatively include other lesser administrative or corrective measures.
4: A control measure imposed under subsection (1) may continue until the non-compliance that gave rise to the control measure is corrected to the satisfaction of the chief executive, taking into account actions proposed (if any) by the ship or the chief executive.
5: If a ship is expelled from a port under subsection (1)(e),—
a: the chief executive may require the ship to proceed to a specified location within New Zealand's territorial sea or internal waters or continental waters; and
b: the port facility operator must cease providing services to that ship if the chief executive directs the port facility operator to do so; and
c: all possible efforts must be made to avoid a ship being unduly detained or delayed; and
d: a person may be allowed to leave the ship, or access to the ship must be allowed, for—
i: emergency reasons; or
ii: humanitarian reasons; or
iii: security purposes. Annex to the Convention, Chapter XI-2 r 9(1), (3)
32: Inspection of security plans
1: The chief executive may inspect ship security plans to carry out control measures if—
a: the chief executive has clear grounds to believe that the ship is not in compliance with this Act or regulations made under this Act; and
b: the only means to verify or to rectify the non-compliance is to review the relevant requirements of the ship security plan; and
c: consent for the inspection to review the relevant requirements of the ship security plan is obtained from—
i: the master; or
ii: the ship's administration, if the State is a party to the Convention.
2: The chief executive may only have access to the specific sections of the ship security plan that relate to the suspected non-compliance.
3: Despite subsections (1) and (2), the provisions of a ship security plan that are specified as confidential in regulations made under this Act may not be subject to inspection unless agreed to by—
a: the chief executive; and
b: the ship's administration, if the State is a party to the Convention.
4: Despite subsection (3)(b), if the ship is registered in New Zealand or if the ship is registered in a State that is not a party to the Convention, the chief executive may authorise the inspection. Code, Part A s 9
33: Costs of detention
1: If a ship is detained under section 31(1)(c)
a: the company is liable to pay to the Designated Authority the costs of, and incidental to, the detention and any inspection and audit under this Act, including any costs that the port facility operator has met as the result of the detention; and
b: those costs are, without prejudice to any other remedy, recoverable as a debt due to the Designated Authority in a court of competent jurisdiction.
2: The Designated Authority is liable to pay to the company compensation for any loss resulting from unduly detaining or unduly delaying the ship.
3: The complainant is liable to indemnify the Designated Authority for all costs for which the Designated Authority is liable under subsection (2), if—
a: a ship is detained under section 31(1)(c)
b: the information is subsequently found to be false; and
c: the complainant knew that the information was false at the time he or she provided it.
4: Despite subsection (3), the complainant is not liable to indemnify the Designated Authority for any costs arising from the detention of a ship incurred on or after a date 2 days after the Designated Authority determines that the information provided by the complainant was false. 1994 No 104 s 56
34: Steps to take if ship does not comply with Act
1: If, after receipt of the advice or confirmation specified in section 30(2) and (3)
a: must attempt to establish communication with the master and the ship's administration to rectify the non-compliance; and
b: if the communication does not result in rectification, may take 1 or more of the following steps:
i: require rectification of the non-compliance:
ii: require the ship to proceed to a specified location within New Zealand's territorial sea or internal waters or continental waters, if the chief executive has complied with section 36(4)
iii: inspect the ship for the purpose of ascertaining compliance with the certification requirements of this Act, if the ship is within the territorial limits of New Zealand:
iv: deny the ship entry, if—
A: the chief executive has reasonable grounds to believe that the ship poses an immediate threat to the security or safety of persons, ships, or other property; and
B: there are no other appropriate means for removing that threat; and
C: the chief executive has complied with section 36(4)
2: Before taking a step specified in subsection (1)(b), the chief executive must inform the master of the ship of the chief executive's intention to take the step by giving notice to the master as the chief executive considers necessary by means of communications, whether or not of a permanent nature, as the chief executive considers appropriate in the circumstances.
3: A step that is taken under subsection (1)(b)—
a: must be proportionate and reasonable, and of the minimum severity and duration necessary to rectify or mitigate any non-compliance; and
b: may additionally or alternatively include other lesser administrative or corrective measures.
4: A ship may be denied entry under subsection (1)(b)(iv) despite the provisions of any other enactment.
5: If a ship is denied entry under subsection (1)(b)(iv),—
a: all possible efforts must be made to avoid a ship being unduly detained or delayed; and
b: a person may be allowed to leave the ship, or access to the ship must be allowed, for—
i: humanitarian reasons; or
ii: emergency reasons; or
iii: security purposes.
6: On receiving the notice under subsection (2), the master may withdraw the intention to enter the port.
7: If a ship is denied entry to the port under subsection (1)(b)(iv) or section 30(4)
8: A step taken under subsection (1)(b) may be imposed until the non-compliance that gave rise to the step is corrected to the satisfaction of the chief executive, taking into account actions proposed (if any) by the ship or the chief executive. Annex to the Convention, Chapter XI-2 r 9(2), (3); 1994 No 104 s 55(8)
35: Certain provisions do not apply if master withdraws intention to enter port
If the master withdraws the intention to enter the port, sections 30(2) and (3) 34(1)
36: Additional requirements
1: If a control measure is imposed under section 31(1) section 34(1)(b)
a: advise, in writing, the ship's administration of—
i: the control measure imposed or step taken; and
ii: the reasons for imposing the control measure or taking the step; and
b: provide written notice, specifying when the control measure was imposed or the step taken, to—
i: the International Maritime Organization; and
ii: either—
A: the recognised security organisation that issued a certificate to the ship concerned; or
B: if a recognised security organisation did not issue a certificate, the ship's administration.
2: If a ship is expelled from a port under section 31(1)(e) section 34(1)(b)(iv)
a: the State of the next appropriate port of call, if known; and
b: any other appropriate coastal State.
3: The communication must—
a: take into account any relevant guidelines promulgated by the International Maritime Organization; and
b: be secure and confidential.
4: The chief executive may not take any action under section 31(1)(e) section 34(1)(b)(ii) or (iv)
a: the chief executives of—
i: the New Zealand Police; and
ii: the New Zealand Customs Service; and
iii: the Ministry of Health; and
iv: the Department of Labour; and
v: any other department of State whose operations may, in the opinion of the chief executive, be affected by the action; and
b: the local medical officer of health. Annex to the Convention, Chapter XI-2 r 9(3); 1993 No 95 s 37D
37: Master's responsibilities for ship safety and security
1: A company, a charterer, or any other person may not interfere with a decision of a master that is necessary to maintain the safety and security of a ship, including (but not limited to)—
a: a decision by the master to deny access to persons (except those persons identified as authorised by the chief executive) or their effects; and
b: a decision by the master to refuse to load cargo, including containers or other closed cargo transport units.
2: A company of a New Zealand ship must ensure that the master and the ship security officer are given the necessary support to fulfil their duties and responsibilities under this Act.
3: If, in the judgment of the master, a conflict between any safety and security requirements applicable to the ship arises during its operations, the master—
a: must give effect to those requirements necessary to maintain the safety of the ship; and
b: may implement temporary security measures commensurate with the prevailing security level; and
c: must inform the chief executive as soon as practicable; and
d: in the case of a New Zealand ship that enters a port outside the territorial limits of New Zealand, must inform the government of the State in which the port is located.
4: If the chief executive is informed under subsection (3)(c), the chief executive must meet with the master of the ship to agree—
a: the nature of the conflict; and
b: the most appropriate resolution of the conflict.
5: If the conflict identified under subsection (3) involves a port facility, the master and the chief executive must consult the port facility security officer of that port facility before taking the steps specified in subsection (3).
6: A person on official duties acting under a statutory power to board a ship to carry out his or her statutory functions or duties—
a: may board a ship; and
b: if requested by the master or the ship security officer, must present his or her warrant or certificate of employment to that master or officer. Annex to the Convention, Chapter XI-2 r 8; Code, Part A s 6 Port security
38: Duties of port facility operators
1: A port facility operator must—
a: act on the security level specified by the chief executive; and
b: apply security measures and procedures in a manner that minimises interference with, or delay to, passengers, ships, the personnel of ships, visitors, goods, and services; and
c: appoint port facility security officers in accordance with regulations made under this Act; and
d: comply with any requirements specified in regulations made under this Act for the security level specified for that port facility or class of port facility.
2: The port facility security officer and the ship security officer must liaise and co-ordinate appropriate actions—
a: if that port facility security officer is advised that a ship is encountering difficulties in—
i: complying with the requirements of this Act; or
ii: implementing the appropriate security measures and procedures specified in the ship security plan; or
iii: in the case of security level 3, following any security instructions given by the chief executive; or
b: if a ship has a higher security level than that of the port facility.
3: If a ship has a higher security level than that of the port facility, the port facility security officer must report the matter to the chief executive. Code, Part A s 14
39: Port facility security assessments
1: The chief executive must carry out a port facility security assessment of each port facility within the territorial limits or continental waters of New Zealand.
2: The chief executive may authorise a recognised security organisation to carry out a port facility security assessment.
3: If a port facility security assessment is carried out by a recognised security organisation, the chief executive—
a: must review it for compliance with subsection (5); and
b: if satisfied that it complies with subsection (5), may approve the assessment.
4: The chief executive must ensure that each port facility security assessment is—
a: periodically reviewed and updated, taking into account changing threats or minor changes in the port facility; and
b: if major changes take place in the port facility, reviewed and updated as soon as practicable.
5: A port facility security assessment must include any elements specified in regulations made under this Act.
6: A port facility security assessment may cover more than 1 port facility if—
a: the operator, location, operation, equipment, and design of those port facilities are similar; and
b: the chief executive agrees.
7: When a port facility security assessment is completed, the person carrying out the port facility security assessment must prepare a report for the Designated Authority that consists of—
a: a summary of how the assessment was conducted; and
b: a description of each vulnerability found during the assessment; and
c: a description of countermeasures that could be used to address each vulnerability.
8: The report must be protected from unauthorised access or disclosure. Code, Part A s 15
40: Port facility security plans
1: A port facility operator must—
a: develop, implement, and maintain a port facility security plan based on the port facility security assessment of that port facility; and
b: update that port facility security plan as required by a review of that plan under section 39(4)
c: protect that port facility security plan from unauthorised access or disclosure.
2: A port facility security plan—
a: must—
i: be adequate for the ship-port interface; and
ii: provide for security level 1, security level 2, and security level 3; and
b: may cover more than 1 port facility if—
i: the operator, location, operation, equipment, and design of those port facilities are similar; and
ii: the chief executive agrees.
3: A recognised security organisation may prepare the port facility security plan for a port facility.
4: A port facility security plan or amendments to a previously approved port facility security plan must be approved by the chief executive before effect may be given to that plan or amendments to that plan.
41: Port facility security plan approval
The chief executive must approve a port facility security plan, or any amendment to the plan, if it—
a: is consistent with—
i: the purposes of this Act; and
ii: the security assessment for that port facility; and
b: complies with—
i: the requirements of this Act; and
ii: requirements prescribed in regulations made under this Act. Code, Part A s 16
42: Amendments to approved port facility security plans
1: An amendment to an approved port facility security plan, or a change to any security equipment specified in an approved plan,—
a: must be at least as effective as those measures prescribed in this Act or regulations made under this Act; and
b: may not be implemented unless the amendment or change is given written approval by the chief executive.
2: The written approval must be—
a: kept at the port facility; and
b: presented when required by the chief executive.
3: If written approval is given for a temporary amendment to an approved port facility security plan or for a temporary change to any security equipment specified in an approved plan, once the original approved measures or equipment are reinstated, retention of the written approval for the temporary amendment or temporary change is no longer required.
43: Review of decision not to approve port facility security plans
1: If the chief executive decides not to approve a port facility security plan, or an amendment to a previously approved port facility security plan, the port facility operator may request the chief executive to review his or her decision.
2: If the chief executive receives a request to review his or her decision, the chief executive must carry out the review and report the results of the review to the requesting port facility operator within 15 working days of the date on which the chief executive received the request.
3: If, after a review, the chief executive declines to approve a port facility security plan, the port facility operator may appeal against that decision to the District Court section 64 Section 43(3) amended 1 March 2017 section 261 District Court Act 2016
3: Preventive security measures
44: Appointment of maritime security organisations
1: The Governor-General may, by Order in Council, on the recommendation of the Minister,—
a: appoint a government department or Crown entity as a maritime security organisation:
b: assign particular port security functions to a government department or Crown entity appointed as a maritime security organisation.
2: For the purposes of this section, Crown entity AvSec as defined in section 5
3: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 44(2) amended 5 April 2025 section 486 Civil Aviation Act 2023 Section 44(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
45: Designation of port security areas
1: The Minister or the chief executive may, by notice in the Gazette
2: A designation made under subsection (1) takes effect on the date specified in the notice which may be a date before the notice is published in the Gazette
3: A designation made under subsection (1) by—
a: the Minister may be revoked, in whole or in part, or amended by the Minister by notice in the Gazette
b: the chief executive may be revoked, in whole or in part, or amended by the chief executive by notice in the Gazette 1990 No 98 s 82
46: Restrictions with respect to port security areas
1: No person other than a person on official duties acting in accordance with subsection (7) may enter or remain in a port security area unless authorised by the chief executive or the port facility operator.
2: Every person in a port security area must, on the request of an authorised person or a port facility security officer, state his or her name and address, the purpose of his or her presence in the port security area, and his or her authority to enter it, and must produce satisfactory evidence of the correctness of his or her stated name and address.
3: If a person fails or refuses to provide an authorised person or a port facility security officer with satisfactory evidence of his or her name and address when requested by the authorised person or port facility security officer, or if a person fails to satisfy the authorised person or port facility security officer that he or she is authorised to be there, the authorised person or port facility security officer may order that person to leave the port security area.
4: An authorised person or a port facility security officer, and any person whom he or she calls to his or her assistance, may use any force that is reasonably necessary to remove from any port security area any person who fails or refuses to leave the port security area immediately after having been ordered by an authorised person or a port facility security officer to do so under subsection (3).
5: A person who refuses to comply with subsection (2) or subsection (3) and, after being warned that he or she commits an offence by not complying, persists in its commission,—
a: may be detained, with reasonable force (if necessary), by an authorised person or a port facility security officer; and
b: in that case he or she must be delivered to a constable
6: A passenger or crew member embarking or disembarking directly through gateways or thoroughfares in a port facility approved for that purpose by the port facility operator is deemed to be authorised by the chief executive to pass through any port security area forming part of those gateways or thoroughfares.
7: A person on official duties acting under a statutory power to enter an area to carry out his or her statutory functions or duties—
a: may enter a port security area; and
b: if requested by an authorised person or a port facility security officer, must present his or her warrant or certificate of employment to the authorised person or port facility security officer. 1990 No 98 s 84 Section 46(5)(b) amended 1 October 2008 section 116(a)(ii) Policing Act 2008
47: Powers and duties of Minister to require screening and searching
1: The Minister may, if necessary to improve or enhance maritime security to enable New Zealand to be part of a concerted international response to a threat to maritime security or if it is in the national interest, direct a maritime security organisation, by notice
a: to screen—
i: any person boarding a ship; and
ii: any thing to be carried by a ship; and
iii: any thing in a port security area; and
iv: any person (including that person's personal effects) or vehicle entering, or within, a port security area; and
b: if necessary, to undertake reasonable searches of—
i: any person boarding a ship; and
ii: any thing to be carried by a ship; and
iii: any thing in a port security area; and
iv: any person (including that person's personal effects) or vehicle entering, or within, a port security area; and
v: any (as specified in the
A: ship or class of ship; or
B: port security area.
2: The
a: which of the screenings under subsection (1)(a) and which of the searches under subsection (1)(b) are part of the Minister's directive; and
b: the permitted extent of those screenings and searches.
3: Before directing a maritime security organisation under subsection (1), the Minister must, to determine whether the direction is necessary to improve or enhance maritime security to enable New Zealand to be part of a concerted international response to a threat to maritime security or whether it is in the national interest, consult—
a: the chief executive; and
b: as the Minister in each case considers appropriate, representative groups in the maritime industry, government departments, Crown entities, and the New Zealand Defence Force.
4: Nothing in this section empowers the Minister to exercise the powers of the chief executive under section 48
5: A notice under this section is secondary legislation ( see Part 3 1990 No 98 s 77A The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section, unless section 49(3) applies. Legislation Act 2019 requirements for secondary legislation made under this section, unless section 49(3) Publication The maker must publish it in the Gazette LA19 ss 73 74(1)(a) cl 14 Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section to which section 49(3) applies. Legislation Act 2019 requirements for secondary legislation made under this section to which section 49(3) Publication The maker must publish it in the Gazette section 49(3) LA19 ss 73 74(1)(a) cl 14 Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 47(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 47(1)(b)(v) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 47(2) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 47(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
48: Powers and duties of chief executive to require screening and searching
1: The chief executive may, if he or she believes on reasonable grounds that there is a risk of a security incident occurring, direct a maritime security organisation, by notice
a: to screen—
i: any person boarding a ship; and
ii: any thing to be carried by a ship; and
iii: any thing in a port security area; and
iv: any person (including that person's personal effects) or vehicle entering, or within, a port security area; and
b: if necessary, to undertake reasonable searches of—
i: any person boarding a ship; and
ii: any thing to be carried by a ship; and
iii: any thing in a port security area; and
iv: any person (including that person's personal effects) or vehicle entering, or within, a port security area; and
v: any (as specified in the
A: ship or class of ship; or
B: port security area.
2: The
a: which of the screenings under subsection (1)(a) and which of the searches under subsection (1)(b) are part of the chief executive's directive; and
b: the permitted extent of those screenings and searches.
3: Before directing a maritime security organisation under subsection (1), the chief executive must, to determine whether the direction is necessary to meet the maritime security risk, consult, as the chief executive in each case considers appropriate, representative groups in the maritime industry, government departments, Crown entities, and the New Zealand Defence Force.
4: A notice under this section is secondary legislation ( see Part 3 1990 No 98 s 77B The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section, unless section 49(3) applies. Legislation Act 2019 requirements for secondary legislation made under this section, unless section 49(3) Publication The maker must publish it in the Gazette LA19 ss 73 74(1)(a) cl 14 Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section to which section 49(3) applies. Legislation Act 2019 requirements for secondary legislation made under this section to which section 49(3) Publication The maker must publish it in the Gazette section 49(3) LA19 ss 73 74(1)(a) cl 14 Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 48(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 48(1)(b)(v) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 48(2) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 48(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
49: Duration of directions
1: A direction made under section 47(1) under the Legislation Act 2019
a: considers on reasonable grounds that urgent action is required; and
b: has consulted the chief executive before that date; and
c: has notified the master of the affected ship and the operator of the affected port facility before that date.
2: A direction made under section 48(1) under the Legislation Act 2019
a: considers on reasonable grounds that urgent action is required; and
b: has notified the master of the affected ship and the operator of the affected port facility before that date.
3: If a direction made under section 47(1) section 48(1)
a: the direction expires 28 days after that date unless the notice is published
b: if the notice is published
i: the Minister, after complying with subsection (1)(b) and (c), extends the period , by notice,
ii: the chief executive, after complying with subsection (2)(b), extends the period , by notice,
4:
5: A direction may,—
a: if made under section 47(1) by notice
b: if made under section 48(1) by notice
6: Subject to subsection (3), a direction remains in effect until it is rescinded.
7: The following are secondary legislation ( see Part 3
a: a notice under subsection (3)(b)(i) or (ii):
b: a notice under subsection (5). 1990 No 98 ss 77A 77B The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under subsection (3). Legislation Act 2019 requirements for secondary legislation made under subsection (3) Publication The maker must publish it in the Gazette LA19 ss 73 74(1)(a) cl 14 Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under subsection (5). Legislation Act 2019 requirements for secondary legislation made under subsection (5) Publication The maker must publish it in the Gazette LA19 ss 73 74(1)(a) cl 14 Presentation The Minister must present it to the House of Representatives if the notice it revokes was required to be presented LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 49(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 49(2) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 49(3) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 49(3)(a) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 49(3)(b) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 49(3)(b)(i) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 49(3)(b)(ii) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 49(4) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 Section 49(5)(a) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 49(5)(b) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 49(7) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
50: Taking weapons on to ships or into port security areas
1: A person commits an offence, and is liable on conviction
a: a firearm, or any other dangerous or offensive weapon or instrument of any kind; or
b: any ammunition; or
c: an explosive, incendiary, biological, or chemical substance or device, or any other injurious substance or device of any kind, that could be used to endanger the safety of—
i: the ship; or
ii: persons on board the ship; or
iii: the port security area; or
iv: persons in the port security area.
2: A person who has obtained the written permission of a ship security officer or a port facility security officer must, upon the request of an authorised person, present the written permission to that authorised person.
3: For the purposes of this section, firearm
a: is not capable of discharging any shot, bullet, or other missile, but that by its completion or by the replacement of any component part or parts or by the correction or repair of any defect or defects, would be so capable; or
b: is dismantled. 1972 No 137 s 11 Section 50(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011
51: Screening and searching powers
1: An authorised person may—
a: screen, using a detector dog, or a mechanical or electronic device or similar mechanism,—
i: any person boarding a ship; and
ii: any thing to be carried by a ship; and
iii: any thing in a port security area; and
iv: any person (including that person's personal effects) or vehicle entering, or within, a port security area; and
b: if the screening device or mechanism that is used malfunctions or produces indeterminate results or if there are reasonable grounds to believe that an offence against this Act has been, is being, or is likely to be committed, search—
i: any person boarding a ship; and
ii: any thing to be carried by a ship; and
iii: any thing in a port security area; and
iv: any person (including that person's personal effects) or vehicle entering, or within, a port security area; and
v: any ship or class of ship specified in a section 47 section 48
2: Despite subsection (1), a maritime security officer may only exercise the powers in subsection (1) if that maritime security officer is employed by a maritime security organisation that is directed by the Minister under section 47 section 48
3: The powers in—
a: subsection (1) may only be exercised—
i: for the purposes of preventing the commission of an offence against section 50
ii: at a port security area or on a ship; and
iii: in the case of a person, or his or her vehicle or things, who is to be screened or searched, with the consent of that person or the person in control of the vehicle or things; and
b: subsection (1)(b)(i) and (iv) may only be exercised if—
i: the person has consented; or
ii: the authorised person has a search warrant; and
c: subsection (1)(b)(v) may only be exercised if—
i: the company or master has consented; or
ii: the authorised person has a search warrant.
4: An issuing officer (within the meaning of section 3 subpart 3
a: a person specified in subsection (1)(b)(i); or
b: a person (including that person's personal effects) or vehicle specified in subsection (1)(b)(iv); or
c: a ship specified in subsection (1)(b)(v).
5: If a search is conducted under a search warrant by an authorised person who is not a constable constable
6: If a person allows his or her person to be searched or is subject to a search warrant,—
a: that person may not be required to remove any article of clothing (other than a coat or similar article) for the purposes of being searched; and
b: if the search is not made by means of a mechanical or electronic device or similar mechanism, that person must be searched by an authorised person of the same gender.
6A: Subject to subsections (5), (6), and (6B), the provisions of Part 4
6B: Despite subsection (6A), sections 118 119
7: Screening and searching may only be undertaken in a port security area in areas that are designated for that purpose by signage that—
a: is posted in the appropriate places; and
b: states the statutory authority for the screening and searching; and
c: has lettering of a size sufficient to indicate clearly to all persons on first entry to a port security area that screening and searching is being undertaken.
8: Screening and searching may only be undertaken by an authorised person—
a: dressed in a uniform that clearly displays that person's identity and employer; or
b: who, if not in uniform, provides, if asked, evidence that he or she is an authorised person to the person to be screened or searched.
9: To avoid doubt, things, personal effects, and vehicles may be screened or searched without consent if they are unattended.
10: Despite subsection (1)(a)(ii) and (b)(ii), goods subject to the control of Customs may not be screened or searched without the authorisation of the New Zealand Customs Service.
11: Subsection (10) does not apply if the chief executive has specified that security level 3 applies to the port facility or ship where the screening or searching is to be done.
12: Section 51(1)(b)(v) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 51(4) amended 1 October 2012 section 277(2) Search and Surveillance Act 2012 Section 51(5) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 51(6A) inserted 1 October 2012 section 277(3) Search and Surveillance Act 2012 Section 51(6B) inserted 1 October 2012 section 277(3) Search and Surveillance Act 2012 Section 51(12) repealed 1 October 2012 section 277(4) Search and Surveillance Act 2012
52: Power to seize items
1: If an authorised person detects an item specified in section 50(1)
2: If an item is seized under subsection (1), the authorised person must—
a: keep a record of the item; and
b: make available to the owner or the person from whom the item was seized a copy of the record.
3: If the authorised person determines that the item may lawfully be taken on board a ship or into a port security area, the authorised person must, as far as practicable, return the item to the person from whom the item was seized under subsection (1).
4: If the authorised person determines that the item may not lawfully be taken on board a ship or into a port security area, the authorised person must allow the person from whom the item was seized under subsection (1) to arrange for the item to be—
a: taken off the ship; or
b: taken out of the port security area; or
c: taken off the ship and taken out of the port security area.
5: Despite subsection (4),—
a: if the authorised person has reasonable grounds to believe that the seized item poses an imminent risk to safety, the authorised person may—
i: destroy or otherwise dispose of the item; or
ii: deliver the item to the Police; or
b: if the authorised person has reasonable grounds to believe that the seized item may not be lawfully possessed, the authorised person may deliver the item to the Police.
53: Costs of seizures
1: If an authorised person has seized an item under section 52(1)
2: The Designated Authority is liable to pay to the owner of the item compensation for any loss resulting from an authorised person unduly—
a: maintaining the seizure of the item; or
b: delaying the use of the item.
3: The complainant is liable to indemnify the Designated Authority for all costs for which the Designated Authority is liable under subsection (2), if—
a: an authorised person has taken action under section 52(1)
b: the information is subsequently found to be false; and
c: the complainant knew that the information was false at the time he or she provided it.
4: Despite subsection (3), the complainant is not liable to indemnify the Designated Authority for any costs arising from the detention of a ship incurred on or after a date 2 days after the Designated Authority determines that the information provided by the complainant was false. 1994 No 104 s 56
54: Persons who refuse to consent to be screened or searched
1: If a person refuses to consent to the screening or searching of his or her person or personal effects or vehicle, an authorised person may require that person to leave the ship or port security area or both.
2: If a person required to leave refuses to leave, an authorised person, and anyone asked to assist, may use any force that is reasonably necessary to remove that person.
3: A person who refuses to leave as required under subsection (1) and, after being warned that he or she commits an offence by not leaving, persists in its commission,—
a: may be forcibly detained by an authorised person; and
b: if detained, must be delivered to a constable
4: If the person who refuses to consent is a passenger or a crew member, a company or master may refuse to allow that passenger or crew member to board that company's ship.
5: A company or master who refuses to carry a passenger who refuses to consent is not liable to any civil proceedings, other than a proceeding in respect of any right that the passenger may have for the recovery of the fare or part of the fare. 1990 No 98 s 84 Section 54(3)(b) amended 1 October 2008 section 116(a)(ii) Policing Act 2008
55: Search of persons refusing consent to be searched
1: A constable section 50(1)
a: a company or master refuses to carry a person who has refused to consent to the searching of his or her person or personal effects or vehicle; and
b: the constable has reasonable grounds to suspect that—
i: an offence against this Act has been, is being, or will be committed, whether by that person or any other person; and
ii: a search of the person refusing to consent will disclose evidential material relating to that offence.
2: The refusal of a person to consent to the searching of his or her person or personal effects or vehicle does not of itself constitute reasonable grounds for suspecting that an offence against this Act has been, is being, or is likely to be, committed.
3: A constable
a: provide evidence of his or her identity to the person to be searched; and
b: inform the person to be searched that the search is authorised under this section; and
c: if not in uniform, provide evidence, if asked, that he or she is a constable
4: If a constable 1972 No 137 s 13 Section 55(1) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 55(1)(b) replaced 1 October 2012 section 277(5) Search and Surveillance Act 2012 Section 55(3) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 55(3)(c) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 55(4) amended 1 October 2008 section 116(a)(ii) Policing Act 2008
56: Powers of arrest
1: An authorised person may, without a warrant, arrest any person in, or in the vicinity of, a port security area or on board a ship or in an exclusion zone if that authorised person has reasonable grounds to believe that the person has committed, or is committing, an offence against any of the following enactments:
a: section 50
b: section 73
c: section 45
d: any of sections 4 4A 4B 4C
e: section 6 sections 4 4A 4B 4C
2: A person may, in good faith, assist an authorised person in arresting any person if called upon to do so by that authorised person.
3: An authorised person who is not a constable constable
4: An authorised person exercising the power of arrest under subsection (1) must—
a: provide evidence of his or her identity to the person to be arrested; and
b: inform the person to be arrested that the arrest is authorised under this section; and
c: if not in uniform, provide, if asked, evidence that he or she is an authorised person to the person to be arrested.
5: An authorised person who arrests a person and delivers him or her to a constable 1990 No 98 ss 85 86(3) Section 56(1)(d) replaced 27 May 2018 section 24 Maritime Crimes Amendment Act 2017 Section 56(1)(e) inserted 27 May 2018 section 24 Maritime Crimes Amendment Act 2017 Section 56(3) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 56(5) amended 1 October 2008 section 116(a)(ii) Policing Act 2008
57: Arrest of persons delivered to Police
1: A constable section 56(1) section 46(5) section 54(3) constable
2: A constable 1990 No 98 s 86 Section 57(1) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 57(2) amended 1 October 2008 section 116(a)(ii) Policing Act 2008
58: Right of access to port security areas and ships
1: An authorised person at any time while on duty may enter a port security area, or any building, vehicle, or place in any part of a port security area, or any ship, for the purpose of exercising and carrying out his or her powers, functions, and duties under this Act.
2: Unless a maritime security officer is accompanied by a constable
3: If the Police have taken command of any situation at a port security area, the right of a maritime security officer to enter any part of the port security area or any ship, building, or place is subject to the limitations that the senior constable
4: If a ship, building, vehicle, or place is not being used for commercial purposes, subsection (1) does not apply unless the authorised person believes on reasonable grounds that a person or thing likely to endanger the port security area or any of its facilities or any person is in that ship, building, vehicle, or place.
5: An authorised person may not enter a dwellinghouse, crew quarters, or a passenger cabin without—
a: a search warrant; or
b: the consent of the occupier of that dwellinghouse, crew quarters, or passenger cabin.
6: An authorised person exercising the power of entry under subsection (5) must, before the entry takes place, and on any subsequent request,—
a: provide evidence of his or her identity to the occupier; and
b: inform the occupier that the entry is authorised under this section; and
c: if not in uniform, provide, if asked, evidence that he or she is an authorised person to the occupier. 1990 No 98 s 83 Section 58(2) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 58(3) amended 1 October 2008 section 116(a)(ii) Policing Act 2008
59: Chief executive may declare exclusion zones for ships
1: The chief executive may declare an exclusion zone around a ship if—
a: the chief executive—
i: considers it necessary for the maintenance of effective security for that ship following consultation with the master; and
ii: has consulted the chief executives of—
A: the New Zealand Police; and
B: the New Zealand Customs Service; and
C: the Ministry of Agriculture and Forestry; and
D: the department of State that, with the authority of the Prime Minister, is for the time being responsible for the administration of the Immigration Act 2009
E: the Ministry of Health; and
F: any other department of State whose operations may, in the opinion of the chief executive, be affected by the action; and
iii: has consulted the local—
A: harbourmaster; and
B: port facility operator; and
C: medical officer of health; and
b: that ship is—
i: berthed in port or is at an anchorage; or
ii: moored at a buoy; or
iii: in the approaches to a port.
2: If the chief executive makes a declaration under subsection (1), the chief executive must notify the master, the port facility security officer, the port facility operator, and the harbourmaster by the means of communication, whether or not of a permanent nature, that the chief executive considers appropriate in the circumstances. Section 59(1)(a)(ii)(D) substituted 29 November 2010 section 406(1) Immigration Act 2009
60: Duration of declarations
1: A declaration made under section 59(1)
2: The declaration expires 5 days after the date on which it takes effect unless, before the expiry of the 5-day period, the chief executive extends the period for a further specified period not exceeding 5 days (the aggregate period may not exceed 10 days).
3: Despite subsection (2), the chief executive may revoke a declaration at any time.
61: No person, craft, or vessel may enter or leave exclusion zones without authorisation
1: No person, craft, or vessel may enter or leave an exclusion zone unless authorised by the chief executive.
2: Subsection (1)—
a: applies to all craft and vessels whether or not section 4(1)
b: does not apply to the craft and vessels referred to in section 4(2)(a) and (b)
3: If necessary to protect an exclusion zone, an authorised person may, with reasonable force, remove, or prevent from leaving, a person or vessel that has entered, or attempted to leave, the exclusion zone without authority.
4: Miscellaneous provisions
Maritime security documents
62: Acceptance of Convention documents
1: The chief executive must accept any maritime security document.
2: Despite subsection (1), the chief executive may not accept, or must suspend acceptance of, any maritime security document if he or she has clear grounds to believe that—
a: the relevant ship or company—
i: does not correspond substantially with the particulars of that maritime security document; or
ii: is no longer in compliance with the provisions of any requirements—
A: leading to the issue of that maritime security document; or
B: imposed by that maritime security document; or
b: the relevant ship has been materially altered without the sanction of the State that issued or approved that maritime security document; or
c: the maritime security document has been fraudulently obtained or the holder of that maritime security document is not the person to whom the maritime security document was originally issued.
3: This section applies in respect of—
a: every ship, other than a New Zealand ship, registered in a State that is a party to the Convention:
b: the company and the crew of every ship referred to in paragraph (a). 1994 No 104 s 42 Ceasing work
63: Employees may cease work if security level 3 specified
No employee of a port facility or an organisation servicing a port facility, or the crew member of any ship may be required by his or her employer to work at a port facility, or on a ship when the security level for that port facility or ship is specified as security level 3 under section 16(a) Appeal rights
64: Right of appeal to District Court
1: A person has a right of appeal to the District Court section 23 section 25 section 41 section 43 section 77
2: The court may confirm, reverse, or modify the decision appealed against.
3: Every decision appealed against under this section continues in force pending the determination of the appeal, and no person is excused from complying with any of the provisions of this Act on the ground that any appeal is pending.
4: Even though an appeal under this section may have been determined in favour of the appellant, the chief executive may, subject to the like right of appeal, revoke the District Court's approval of a ship security plan or a port facility security plan if the chief executive has sufficient grounds supported by facts or evidence discovered since the hearing of the appeal.
5: If the chief executive revokes the District Court's approval of—
a: a ship security plan, the chief executive must notify the company in writing; or
b: a port facility security plan, the chief executive must notify the port facility operator in writing. 1990 No 98 ss 27P 66 Section 64(1) amended 1 April 2021 section 24 Regulatory Systems (Transport) Amendment Act 2021 Section 64(1) amended 1 March 2017 section 261 District Court Act 2016 Offences
65: Offences by masters
1: Every master who fails to comply with—
a: section 14(2) section 20
i: imprisonment for a term not exceeding 1 year; and
ii: a fine not exceeding $20,000:
b: section 29(3)(a) or (b) section 30(1) or (2)
2: Every master who provides false advice under section 30(2)
66: Offences by companies
Every company that fails to comply with section 21 section 22
a: in the case of an individual, to a fine not exceeding $5,000; or
b: in the case of a body corporate, to a fine not exceeding $30,000.
67: Offences by masters and companies
1: The master and the company each commits an offence if—
a: a ship security plan is not held on board the company's ship as required under section 26
b: written approval for an amendment to a ship security plan is not held on board the company's ship as required under section 24(2)
c: a certificate is not held on board the company's ship as required under section 29(1)
2: If an offence is committed against subsection (1)(a) or (b),—
a: the master is liable to a fine not exceeding $5,000; and
b: the company is liable,—
i: in the case of an individual, to a fine not exceeding $5,000; or
ii: in the case of a body corporate, to a fine not exceeding $30,000.
3: If an offence is committed against subsection (1)(c),—
a: the master is liable to a fine not exceeding $5,000; and
b: the company is liable,—
i: in the case of an individual, to a fine not exceeding $7,500; or
ii: in the case of a body corporate, to a fine not exceeding $30,000.
68: Failure to comply with control measures
Every person who, without reasonable excuse, acts in contravention of, or fails to comply with, a control measure imposed by the chief executive under section 31(1)
a: in the case of an individual, to—
i: a term of imprisonment not exceeding 1 year; and
ii: a fine not exceeding $10,000; or
b: in the case of a body corporate, to a fine not exceeding $100,000.
69: Failure to comply with steps
Every person who, without reasonable excuse, acts in contravention of, or fails to comply with, a step taken by the chief executive under section 34(1)(b)
a: in the case of an individual, to—
i: a term of imprisonment not exceeding 1 year; and
ii: a fine not exceeding $10,000; or
b: in the case of a body corporate, to a fine not exceeding $100,000.
70: Offences by port facility operator
1: Every port facility operator who fails to comply with section 38(1)(a), (b), (c), or (d)
2: Every port facility operator who fails to put in place a port facility security plan under section 40 section 39
a: in the case of an individual, to a fine not exceeding $5,000; or
b: in the case of a body corporate, to a fine not exceeding $30,000.
71: Failure to provide satisfactory evidence of name and address or authorisation to be in port security area
Every person who intentionally fails or refuses to provide a maritime security officer with satisfactory evidence of his or her name and address or authorisation to be in a port security area under section 46(2)
a: in the case of an individual, to a fine not exceeding $5,000; or
b: in the case of a body corporate, to a fine not exceeding $30,000.
72: Failure to leave port security area
Every person who intentionally fails or refuses to leave a port security area when ordered by an authorised person to do so under section 46(3) section 54(3)
a: in the case of an individual, to a fine not exceeding $5,000; or
b: in the case of a body corporate, to a fine not exceeding $30,000.
73: Entering or leaving exclusion zone without authorisation
Every person who intentionally contravenes section 61
a: in the case of an individual, to a fine not exceeding $10,000; or
b: in the case of a body corporate, to a fine not exceeding $100,000.
74: Personation or obstruction of authorised person
1: Every person commits an offence who, not being an authorised officer,—
a: by words, conduct, demeanor, or the assumption of the dress, name, designation, or description of an authorised person, holds himself or herself out as being an authorised person; or
b: wilfully obstructs or invites or encourages any person to obstruct an authorised person in the execution of his or her duties.
2: Every person who commits an offence against subsection (1) is liable to imprisonment for a term not exceeding 3 months or a fine not exceeding $2,000. 1990 No 98 s 55
75: Defence
1: It is a defence in any proceedings for an offence under section 65 section 66 section 67 section 68 section 69 section 71
a: the failure to comply was due to safety concerns; and
b: the act or omission constituting the failure was the best option to resolve those safety concerns.
2: In this section, best option Regulations
76: Regulations
1: The Governor-General may, by Order in Council, on the recommendation of the Minister, make regulations for all or any of the following purposes:
a: prescribing, or providing for the fixing of, fees and charges payable in respect of security functions provided by, or security activities undertaken by, a government department or Crown entity:
b: prescribing the security requirements for a ship or port facility, including (but not limited to)—
i: a declaration of security:
ii: a ship security assessment or a port facility security assessment:
iii: a ship security plan or a port facility security plan:
iv: an identification system for accessing a port security area or a port facility:
c: prescribing—
i: the scope and subject matter of training courses relevant to the Convention or Code; and
ii: the criteria and process to be used by the Designated Authority to approve—
A: those training courses (if any); and
B: the providers of those training courses (if any):
d: prescribing the functions and duties of any person under an obligation to carry out responsibilities in accordance with the Convention and the Code:
e: providing for any other matters that are contemplated by, or necessary for giving full effect to, the provisions of this Act or for its due administration.
2: Regulations made under this section may prescribe offences and penalties for contravention of, or non-compliance with, their provisions, on the
a: in the case of an individual, a fine of $10,000
b: in the case of a body corporate, a fine of $50,000
3: For the purposes of this section, Crown entity AvSec as defined in section 5
4: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 76(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 76(2)(a) amended 1 April 2021 section 25(1) Regulatory Systems (Transport) Amendment Act 2021 Section 76(2)(b) amended 1 April 2021 section 25(2) Regulatory Systems (Transport) Amendment Act 2021 Section 76(3) amended 5 April 2025 section 486 Civil Aviation Act 2023 Section 76(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
77: Exemptions from regulations
1: The chief executive may, if the chief executive thinks it appropriate,—
a: exempt 1 or more named or specified persons, ships, port facilities, or other things from 1 or more specified requirements in a regulation made under this Act; or
b: exempt any class of person, ship, port facility, or other thing from 1 or more specified requirements in a regulation made under this Act.
2: The chief executive must not grant an exemption unless satisfied that—
a: granting the exemption will not breach New Zealand’s obligations under any convention; and
b: one of the following applies:
i: the requirement has been substantially complied with and further compliance is unnecessary:
ii: the manner in which the requirement has been, or is sought to be, fulfilled is as effective as or more effective than actual compliance with the requirement:
iii: the requirement is clearly unreasonable or inappropriate in this particular case:
iv: events have occurred that make the requirement unnecessary or inappropriate in this particular case; and
c: the risk to security will not be significantly increased by granting the exemption.
3: The power under subsection (1) must not be used to provide an exemption from a requirement of a regulation if the relevant regulation specifically provides that no exemptions from the requirement may be granted.
4: This section does not limit or affect any other power of exemption conferred on any person under this Act or any other maritime Act.
5: Sections 40AA(5), (7), and (8) 40AB subpart 2 section 40AA(8)
6: An exemption granted under subsection (1)(b) is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must: LA19 ss 73 74(1)(a) cl 14 •	notify it in the Gazette •	publish it on the Agency’s Internet site •	comply with section 40AA(7) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 77 replaced 1 April 2021 section 26 Regulatory Systems (Transport) Amendment Act 2021
78: Minister may extend application of Act
1: If the Designated Authority has reasonable cause to believe that a security risk exists that may warrant the extension of this Act to a ship or port facility to enhance ship or port security or to prevent terrorism, the Designated Authority may—
a: conduct a security assessment of that ship or port facility; or
b: require a security assessment of that ship or port facility to be carried out.
2: For the purposes of subsection (1), reasonable cause to believe that a security risk exists may be based on—
a: the receipt of threat or security information; or
b: the results of a security assessment of a ship under this Act.
3: If, following a security assessment under subsection (1), the Designated Authority considers that the Act should be extended to a ship or class of ship or a port facility, the Designated Authority must make a recommendation to that effect to the Minister.
4: Following a recommendation by the Designated Authority under subsection (3),—
a: in an emergency, the Minister may extend the application of this Act to a ship or port facility by notice
b: in any other case, the Governor-General, on the recommendation of the Minister, may extend the application of this Act to a ship or port facility by Order in Council.
5: For the purposes of subsection (4)(b), the Minister must consult with the affected ship (if any) and the affected port facility (if any).
6: A notice or an
a: must—
i: clearly identify the ship or port facility concerned; and
ii: state which sections of this Act apply to that ship or port facility; and
iii: state the time period for the extension of this Act; and
b: may cover—
i: more than 1 ship or port facility; and
ii: any combination of ships and port facilities.
6A: The following are secondary legislation ( see Part 3
a: a notice under subsection (4)(a):
b: an order under subsection (4)(b).
6B: Secondary legislation referred to in subsection (6A)(b) must be confirmed by an Act ( see subpart 3
7: A notice under subsection (4)(a) expires 90 days after the day on which it is published under the Legislation Act 2019
8:
9: A
10: For the purposes of subsections (1) to (6),— port facility section 4(1)(b) ship section 4(1)(a)
11: To avoid doubt, the Minister may not extend the application of this Act to—
a: warships; or
b: naval auxiliaries; or
c: other ships that are—
i: owned or operated by the Crown; and
ii: used on government non-commercial service; or
d: pleasure craft (as defined in section 2(1) The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under subsection (4)(a). Legislation Act 2019 requirements for secondary legislation made under subsection (4)(a) Publication The maker must publish it in the Gazette LA19 ss 73 74(1)(a) cl 14 Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under subsection (4)(b). Legislation Act 2019 requirements for secondary legislation made under subsection (4)(b) Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 78(4)(a) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 78(6) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 78(6A) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 78(6B) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 78(7) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 Section 78(8) repealed 1 January 2016 section 14 Legislation (Confirmable Instruments) Amendment Act 2015 Section 78(9) amended 28 October 2021 section 3 Secondary Legislation Act 2021
78A: Orders are confirmable instruments
Section 78A repealed 28 October 2021 section 3 Secondary Legislation Act 2021 Miscellaneous
79: Inspections and audits
For the purposes of any inspection or audit carried out in respect of any person under this Act, the chief executive may, in writing,—
a: require from that person the information that the chief executive considers relevant to the inspection or audit:
b: require that person to demonstrate to the chief executive the familiarity of the master or crew with essential shipboard procedures for the security of the ship:
c: require that person to demonstrate to the chief executive that any operational, maintenance, or servicing procedure in respect of the security of a ship is capable of being carried out in a competent and timely manner. 1994 No 104 s 54(3)
80: Instructions of chief executive under certain provisions that conflict with other instructions
1: If a harbourmaster or any other person gives instructions under Part 3A harbourmaster's instructions section 30(4) section 31(1) section 34(1) chief executive's instructions
2: If the chief executive becomes aware of any conflict between any chief executive's instructions and any harbourmaster's instructions, the chief executive must, as soon as practicable, advise the person who has made the harbourmaster's instructions of the conflict, and that person must immediately upon being so advised withdraw those instructions or alter them so as to remove the conflict.
3: The chief executive must not issue chief executive's instructions that conflict with the exercise of a power by—
a: a person under Part 5
b: the person who is serving as the National Recovery Manager under the Civil Defence Emergency Management Act 2002
c: any constable section 10
d: a person under Part 4 1994 No 104 s 254 Section 80(1) amended 23 October 2013 section 90 Maritime Transport Amendment Act 2013 Section 80(3)(b) replaced 29 November 2016 section 42 Civil Defence Emergency Management Amendment Act 2016 Section 80(3)(c) amended 1 October 2008 section 116(a)(ii) Policing Act 2008
81: Consequential amendments
(1)–(8): Amendment(s) incorporated in the Act(s)
9: The Maritime (Offences) Regulations 1998 Part 1 Schedule 1
10: The Maritime Rules are amended in the manner set out in Part 2 Schedule 1 Section 81(9) amended 1 April 2021 section 27 Regulatory Systems (Transport) Amendment Act 2021 Section 81(10) amended 1 April 2021 section 27 Regulatory Systems (Transport) Amendment Act 2021


1: Title
This Act is the Crimes and Misconduct (Overseas Operations) Act 2004.
1: Preliminary provisions
2: Commencement
This Act is deemed to have come into force on 24 July 2003.
3: Purpose
The purpose of this Act is to-
a: ensure that members of the police and other persons serving in overseas operations involving peacekeeping, the maintenance or restoration of law and order or functioning government institutions, or similar activities, are subject to the jurisdiction of New Zealand Courts for offences against New Zealand law committed overseas, unless there is good reason why they should not be subject to that jurisdiction:
b: ensure that members of the police engaged in such operations are subject to the disciplinary processes that apply to members of the police in New Zealand.
4: Interpretation
In this Act, unless the context otherwise requires,— member of the police Minister overseas operations force
a: means any group of persons that, before, on, or after the commencement of this Act, is authorised or required by the Government of New Zealand to participate in duties overseas involving peacekeeping, the maintenance or restoration of law and order or functioning government institutions, or similar activities (whether or not in conjunction with personnel from 1 or more other countries); but
b: does not include any member of the police who is part of a United Nations force and to whom the United Nations (Police) Act 1964
2: Jurisdiction over police and civilian members of overseas operations force
5: Jurisdiction over police and civilian members of overseas operations force
1: This section applies to any member of the police or any other person who is not a member of the armed forces while that member of the police or that other person—
a: is a member of an overseas operations force; and
b: is outside New Zealand.
2: If any person to whom this section applies does, or omits to do, any act outside New Zealand (whether or not the act or omission concerned constitutes an offence under the laws in force in the place where it took place) that if done or omitted within New Zealand would constitute an offence, that act or omission is deemed to have taken place within New Zealand unless—
a: the person is subject to the criminal jurisdiction of the place in which the act or omission took place; and
b: the authorities in that place
i: are not subject to any obligation to cede jurisdiction to the New Zealand authorities in respect of that act or omission; and
ii: bring criminal proceedings against the person in that place.
3: No information may be laid against any person over whom jurisdiction is claimed by virtue of subsection (2) 1961 No 43 8A(2) (3) 1964 No 1 3 4
6: Powers of arrest and detention
1: Subsection (2) section 5(3)
2: If any person is alleged to have committed an offence to which this subsection applies,—
a: the person may be arrested without warrant within or outside New Zealand; or
b: a warrant for the person's arrest may be issued in New Zealand and executed within or outside New Zealand,— and the person may be detained in custody within or outside New Zealand or, if the person is in, or has been taken to, New Zealand, remanded in custody or on bail, even though the consent of the Attorney-General has not been obtained to the laying of an information in respect of that offence; but no further proceedings may be taken until that consent has been obtained.
3: The provisions of the Crimes Act 1961 subsection (2) section 5
4: Any person arrested outside New Zealand may be detained in custody outside New Zealand for as long as is reasonably necessary to enable the person to be taken to New Zealand. 1961 No 43 8A(4) (5) 1964 No 1 5(1)
7: Misconduct or neglect of duty
If any member of the police does or omits to do any act, and that act or omission would, if it occurred in New Zealand, be misconduct or neglect of duty for the purposes of the Police Act 1958
a: the member may be investigated and, if appropriate, proceeded against under that Act or those regulations by way of disciplinary action and punished, in the same manner in all respects as if the act or omission had occurred in New Zealand; and
b: for that purpose, the Police Act 1958 1964 No 1 6
8: Saving of jurisdiction
Nothing in this Act limits or affects the provision of any enactment or rule of law relating to the liability of persons in respect of acts done or omitted beyond New Zealand. 1964 No 1 7