1: Title
This Act is the Enhancing Identity Verification and Border Processes Legislation Act 2017.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
1: Amendments to Privacy Act 1993
3: Principal Act
This Part amends the Privacy Act 1993 principal Act 2017-08-22 Privacy Act 1993
4: Section 96B amended (Relationship between this Part and other law relating to information sharing)
1: Replace the heading to section 96B Relationship between Part 9A and other law relating to information disclosure
2: Replace section 96B(2)(b)
b: this Part does not limit Part 10, 10A
5: New section 97A inserted (Relationship between Part 10 and other law relating to information disclosure)
After section 97
97A: Relationship between Part 10 and other law relating to information disclosure
This Part does not—
a: limit the collection, use, or disclosure of personal information that—
i: is authorised or required by or under any enactment; or
ii: is permitted by the information privacy principles:
b: limit Part 9A, 10A
6: Section 108 amended (Avoidance of controls on information matching through use of exceptions to information privacy principles)
In section 108 Where Despite section 97A
7: New Part 10A inserted
After section 109
10A: Identity information
109A: Purpose of Part
The purpose of this Part is to authorise accessing agencies, when carrying out specified functions, to verify the identity of an individual by accessing identity information held about that individual by a holder agency.
109B: Relationship between Part 10A and other law relating to information disclosure
This Part does not—
a: limit the collection, use, or disclosure of personal information that—
i: is authorised or required by or under any enactment; or
ii: is permitted by the information privacy principles:
b: limit Part 9A, 10, or 11.
109C: Interpretation
In this Part,— access accessing agency Schedule 4A biometric information
a: 1 or more of the following kinds of personal information:
i: a photograph of all or any part of the person’s head and shoulders:
ii: impressions of the person’s fingerprints:
iii: a scan of the person’s irises; and
b: an electronic record of the personal information that is capable of being used for biometric matching database holder agency Schedule 4A identity information
a: the individual’s biographical details (for example, the individual’s name, address, date of birth, place of birth, and gender):
b: the individual’s biometric information:
c: a photograph or visual image of the individual:
d: details of the individual’s—
i: New Zealand travel document; or
ii: certificate of identity:
e: details of any distinguishing features (including tattoos and birthmarks).
109D: Access by agencies to identity information
An accessing agency may, for the purpose specified in the second column of Schedule 4A
109E: Manner and form of access
1: Access to identity information permitted under section 109D
2: Identity information that is held by a holder agency and accessed by an accessing agency under section 109D
109F: Annual reporting requirement
The chief executive of an accessing agency must include in every annual report prepared by the chief executive for the purposes of section 43 of the Public Finance Act 1989, or any other applicable enactment requiring an annual report to Parliament, details of the operation of this Part and Schedule 4A
109G: Amendment of Schedule 4A
1: The Governor-General may, by Order in Council made on the recommendation of the responsible Minister given after consultation with the Privacy Commissioner,—
a: add, remove, amend, or replace any item in Schedule 4A
b: repeal Schedule 4A
2: Before recommending the making of an Order in Council facilitating access by an accessing agency to identity information held by a holder agency, the responsible Minister must be satisfied that—
a: the purpose for which the identity information is to be accessed relates to a specified function of the accessing agency; and
b: the identity information to be accessed is no more than is reasonably necessary to enable the accessing agency to achieve that purpose; and
c: any potential conflicts or inconsistencies between the sharing of personal information under Schedule 4A
8: New section 110A inserted (Relationship between Part 11 and other law relating to information disclosure)
After section 110
110A: Relationship between Part 11 and other law relating to information disclosure
This Part does not—
a: limit the collection, use, or disclosure of personal information that—
i: is authorised or required by or under any enactment; or
ii: is permitted by the information privacy principles:
b: limit Part 9A, 10, or 10A
9: New Schedule 4A inserted
After Schedule 4 Schedule 4A Schedule 1
2: Amendments to other enactments
1: Amendments to Births, Deaths, Marriages, and Relationships Registration Act 1995
10: Principal Act
This subpart amends the Births, Deaths, Marriages, and Relationships Registration Act 1995 principal Act 2017-08-22 Births, Deaths, Marriages, and Relationships Registration Act 1995
11: Section 2 amended (Interpretation)
In section 2 approved information sharing agreement information sharing agreement non-disclosure direction
12: Section 78AA amended (Disclosure of birth information, death information, marriage information, civil union information, and name change information under approved information sharing agreement)
Repeal section 78AA(5)
13: New section 78AB inserted (Disclosure of birth information, death information, marriage information, civil union information, and name change information for law enforcement purposes)
After section 78AA
78AB: Disclosure of birth information, death information, marriage information, civil union information, and name change information for law enforcement purposes
1: This section applies if a specified agency has reason to suspect that a particular individual—
a: is, or is liable to be, detained under an enactment:
b: is, or is liable to be, arrested under a warrant issued by a court or any Registrar:
c: is contravening, or is about to contravene, an enactment or a court order:
d: is liable to be prosecuted for an offence punishable by imprisonment:
e: is, or is liable to be, detained or arrested in respect of a traffic offence:
f: is endangering, or is threatening to endanger, the life, health, or safety of a person or group of persons:
g: is injured or dead.
2: If this section applies, the Registrar-General may, despite the existence or absence of an approved information sharing agreement, share the following personal information about the particular individual with the specified agency:
a: birth information:
b: death information:
c: marriage information:
d: civil union information:
e: name change information.
3: This section does not limit section 74, 78A, or 78AA.
4: Subsection (1)
5: For the purposes of this section, specified agency
a: the Department of Corrections:
b: the Department of Internal Affairs:
c: the part of the Ministry of Business, Innovation, and Employment that administers the Immigration Act 2009:
d: the Ministry of Justice:
e: the Ministry of Transport:
f: the New Zealand Customs Service:
g: the New Zealand Police:
h: the New Zealand Transport Agency. 1993 No 28 s 97; 1996 No 27 s 32C(1); 2009 No 51 s 4
2: Amendments to Corrections Act 2004
14: Principal Act
This subpart amends the Corrections Act 2004 principal Act 2017-08-22 Corrections Act 2004
15: Section 3 amended (Interpretation)
In section 3(1) biometric information
16: Section 41 replaced (Photographing and measuring of prisoner)
Replace section 41
41: Collection of biometric information, etc, from prisoner
1: An officer may direct that a prisoner submit to—
a: photographs being taken of the prisoner:
b: biometric information being collected from the prisoner:
c: measurements being taken from the prisoner:
d: any other prescribed procedure designed to create a record to enable the subsequent identification of the prisoner.
2: No procedure that purports to authorise the taking of a bodily sample from a prisoner may be prescribed for the purposes of subsection (1)(d).
3: The powers conferred by subsection (1)—
a: may be exercised only for the purpose of—
i: facilitating the management and security of the prison; and
ii: verifying the identity of prisoners upon release into the community to ensure public safety; and
b: must be exercised subject to the provisions of this Act and any other enactment.
4: If necessary, reasonable force may be used by an officer to compel the prisoner to submit to the taking of photographs, the collection of biometric information, the taking of measurements, or other prescribed procedures.
5: The chief executive must ensure that, if the prisoner is a person accused of an offence and subsequently acquitted, all information collected or taken from the prisoner under this section during the prisoner’s detention in respect of the charge, and any record of identifying information created in reliance on subsection (1) during that period, are immediately destroyed.
17: Section 128 amended (Offences by prisoner)
Replace section 128(1)(m)
m: contrary to a direction given under section 41
i: photographs being taken of the prisoner:
ii: biometric information being collected from the prisoner:
iii: measurements being taken from the prisoner:
iv: any other prescribed procedure designed to create a record to enable the subsequent identification of the prisoner.
18: Section 202 amended (Regulations relating to safe custody of prisoners)
Replace section 202(c)
c: regulating—
i: the photographing of prisoners:
ii: the collection of biometric information from prisoners:
iii: the taking of measurements from prisoners:
ca: prescribing procedures to enable the identification of prisoners other than those that may be regulated under paragraph (c):
3: Amendments to Customs and Excise Act 1996
19: Principal Act
This subpart amends the Customs and Excise Act 1996 principal Act 2017-08-22 Customs and Excise Act 1996
20: Section 2 amended (Interpretation)
In section 2(1) biometric information
a: 1 or more of the following kinds of information:
i: a photograph of all or any part of the person’s head and shoulders:
ii: impressions of the person’s fingerprints:
iii: a scan of the person’s irises; and
b: an electronic record of the information that is capable of being used for biometric matching personal information
21: New sections 32D to 32F and cross-heading inserted
After section 32C Information
32D: Arrival and departure information
The Customs may, for the purposes of monitoring the movement of craft and persons, passenger and crew processing, and border security, collect and use the following information about craft and persons arriving in or departing from New Zealand:
a: details of craft movements including the craft name and registration number or identifier, estimated date and time of arrival or departure, and place of origin and destination; and
b: personal information including the person’s name, date of birth, gender, biometric information, passport number, nationality, and travel movements. 1996 No 27 s 279
32E: Verification of identity using biometric information
1: A Customs officer may, during the processing of a person’s arrival in or departure from New Zealand, request that person to provide biometric information for the purpose of verifying the person’s identity using biometric matching.
2: A person who fails to comply with a request made under subsection (1) may be directed by a Customs officer to remain in a designated place for either or both of the following purposes:
a: to enable the officer to make any inquiries necessary to establish the identity of the person:
b: to enable the officer to obtain the attendance of, or make inquiries of, another officer who is authorised, in respect of a matter specified in section 32C(1), to do 1 or more of the following:
i: question the person:
ii: ascertain or determine the status of the person:
iii: detain the person:
iv: arrest the person.
3: A person must comply with a direction given to the person under subsection (2).
4: A direction given to a person under subsection (2) ceases to have effect 4 hours after it is given.
5: In this section,— another officer
a: a constable; or
b: a bailiff; or
c: an employee or agent of a department of State designated place
a: a Customs controlled area; or
b: a Customs place; or
c: a place approved by the chief executive for the purposes of—
i: the arrival of a craft in New Zealand; or
ii: the departure of a craft from New Zealand.
32F: Detention of persons failing to comply with a direction under section 32E
1: A Customs officer may detain a person who fails to comply with a direction given under section 32E(2)
2: A Customs officer may detain a person under this section only for either or both of the purposes specified in section 32E(2)
3: A person must not be detained under this section for a period exceeding 4 hours.
4: Reasonable force may be used, if necessary, to detain a person under this section.
5: Nothing in this section prevents a person from—
a: being detained or further detained under another provision of this Act or under any other enactment if there are lawful grounds for that detention; or
b: being arrested under section 174.
6: In this section, to detain a person
22: Section 38Q amended (Part does not limit other access to or use of information)
In section 38Q(e) section 279 section 32D
23: Section 279 repealed (Arrival and departure information)
Repeal section 279
24: Section 280A amended (Interpretation)
In section 280A identifying information identifying information
25: Section 280C amended (Interpretation)
In section 280C identifying information identifying information
26: Section 280J amended (Defined terms for sections 280K and 280L)
In section 280J identifying information identifying information
27: Section 281 amended (Disclosure of information overseas)
After section 281(1)
1A: Despite subsection (1), the chief executive may not disclose biometric information relating to any person to an overseas agency, body, or person for the purpose of assisting the overseas agency, body, or person to perform the function specified in subsection (1)(d).
28: Section 282 amended (Information that may be disclosed)
Replace section 282(1)(j)
j: personal information:
4: Amendment to Immigration Act 2009
29: Principal Act
This subpart amends the Immigration Act 2009 principal Act 2017-08-22 Immigration Act 2009
30: Section 4 amended (Interpretation)
In section 4 biometric information biometric information
a: 1 or more of the following kinds of personal information:
i: a photograph of all or any part of the person’s head and shoulders:
ii: impressions of the person’s fingerprints:
iii: a scan of the person’s irises; and
b: a record, whether physical or electronic, of the personal information that is capable of being used for biometric matching
5: Amendments to Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003
31: Principal Act
This subpart amends the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003 principal Act 2017-08-22 Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003
32: Section 5 amended (Interpretation)
In section 5(1) biometric information
33: New section 62A inserted (Collection of biometric information from special care recipients)
After section 62
62A: Collection of biometric information from special care recipients
1: This section provides for the collection of biometric information to—
a: strengthen the management of special care recipients; and
b: ensure the safety and security of special care recipients; and
c: better manage the risk of special care recipients breaching section 67A
2: A special care recipient must allow the collection of biometric information if directed by—
a: the Director-General of Health; or
b: the care manager for the special care recipient; or
c: a compulsory care co-ordinator.
3: This section is subject to any regulations made under section 150(ca)
34: New section 67A inserted (Special care recipients not to leave secure facility or depart from New Zealand without permission)
After section 67
67A: Special care recipients not to leave secure facility or depart from New Zealand without permission
1: A special care recipient may not leave the secure facility in which the special care recipient is detained unless—
a: authorised by the Minister under section 66; or
b: authorised by the Director-General under section 67.
2: A special care recipient may not depart from New Zealand unless—
a: the special care recipient is on authorised leave; and
b: the special care recipient is permitted by the Minister, on terms and conditions specified by the Minister, to be absent from New Zealand during that authorised leave; and
c: the special care recipient’s departure from New Zealand is in accordance with the terms and conditions of the Minister’s permission given under paragraph (b).
3: In subsection (2),— authorised leave depart
a: attempt to depart:
b: prepare to depart.
35: Section 110 amended (Meaning of care recipient who has escaped)
1: After section 110(a)
ab: who has breached any terms or conditions of authorised leave; or
2: In section 110(c) leave ; or
3: After section 110(c)
d: who has departed from New Zealand in contravention of section 67A(2)
36: Section 150 amended (Regulations)
After section 150(c)
ca: restricting or otherwise regulating the collection under section 62A
6: Amendment to Intelligence and Security Act 2017
37: Principal Act
This subpart amends the Intelligence and Security Act 2017 principal Act 2017-08-22 Intelligence and Security Act 2017
38: Section 282 amended (Section 200 amended (Restrictions on access to photographic images of driver licence holders))
In section 282
1A: Subsection (1) is subject to—
a: subsections (2), (3), and (4):
b: section 141 of the Intelligence and Security Act 2017:
c: Part 10A
7: Amendment to Land Transport Act 1998
39: Principal Act
This subpart amends the Land Transport Act 1998 principal Act 2017-08-22 Land Transport Act 1998
40: Section 28 amended (Photographic driver licence)
Replace section 28(5)
5: The agency—
a: must store the photographic image used for each licence until the licence expires; and
b: may store the photographic image used for each licence after the licence has expired.
41: Section 200 replaced (Restrictions on access to photographic images of driver licence holders)
Replace section 200
200: Restrictions on access to photographic images of driver licence holders
1: Except as provided in this section or Part 10A
2: A person who is acting in the course of the person’s official duties as an employee of the Department of Internal Affairs may access or use any photographic image stored under section 28(5) to verify the identity of a particular individual.
3: A person who is the next of kin of a deceased individual to whom a photographic image stored under section 28(5) relates may access the photographic image—
a: on production to the Agency of—
i: a death certificate (within the meaning of section 2 of the Births, Deaths, Marriages, and Relationships Registration Act 1995) relating to the death of the individual; or
ii: the grant of probate of the will of the individual or of letters of administration to the individual’s estate; and
b: only if the person who is seeking access to the photographic image satisfies the Agency that the person is the individual’s next of kin.
4: A person who is acting in the course of the person’s official duties as an employee of a specified agency may access or use any photographic image stored under section 28(5) to verify the identity of a particular individual for the purpose of law enforcement.
5: For the purposes of this section,— next of kin specified agency
a: the Department of Corrections:
b: the part of the Ministry of Business, Innovation, and Employment that administers the Immigration Act 2009:
c: the Ministry of Justice:
d: the New Zealand Customs Service:
e: the New Zealand Police.
8: Amendments to Mental Health (Compulsory Assessment and Treatment) Act 1992
42: Principal Act
This subpart amends the Mental Health (Compulsory Assessment and Treatment) Act 1992 principal Act 2017-08-22 Mental Health (Compulsory Assessment and Treatment) Act 1992
43: Section 2 amended (Interpretation)
In section 2(1) biometric information
44: New section 43A and cross-heading inserted
After section 43 Collection of biometric information
43A: Collection of biometric information
1: This section provides for the collection of biometric information to—
a: strengthen the management of special patients and restricted patients in hospitals; and
b: ensure the safety and security of special patients and restricted patients; and
c: better manage the risk of special patients and restricted patients breaching section 52A
2: A person who is a special patient or a restricted patient must allow the collection of biometric information if directed by—
a: the Director of Mental Health; or
b: the Director of Area Mental Health Services; or
c: the person in charge of the hospital in which the patient is detained.
3: This section is subject to any regulations made under section 135(1)(f)
45: New section 52A inserted (Special patients not to leave hospital or depart from New Zealand without permission)
After section 52
52A: Special patients not to leave hospital or depart from New Zealand without permission
1: A special patient may not leave the hospital in which the special patient is detained unless—
a: granted leave of absence by the Minister under section 50; or
b: granted leave of absence by the Director under section 52.
2: A special patient may not depart from New Zealand unless—
a: the special patient has been granted leave of absence under section 50 or 52; and
b: the special patient is permitted by the Minister, on terms and conditions specified by the Minister, to be absent from New Zealand during that leave; and
c: the special patient’s departure from New Zealand is in accordance with the terms and conditions of the Minister’s permission given under paragraph (b).
3: A special patient who contravenes subsection (2) must be treated as having escaped.
4: In subsection (2), depart
a: attempt to depart:
b: prepare to depart.
46: Section 53 amended (Escape and absence without leave)
In section 53 escapes, or who breaches any condition of leave,
47: Section 100 amended (Psychiatric security institutions)
Repeal section 100(4)
48: Section 135 amended (Regulations)
Replace section 135(1)(f)
f: restricting or otherwise regulating the collection under section 43A
9: Amendments to Parole Act 2002
49: Principal Act
This subpart amends the Parole Act 2002 principal Act 2017-08-22 Parole Act 2002
50: Section 4 amended (Interpretation)
In section 4(1) biometric information
51: Section 14 amended (Standard release conditions)
After section 14(1)(f)
fa: the offender must not leave or attempt to leave New Zealand without the prior written consent of a probation officer:
fb: the offender must, if a probation officer directs, allow the collection of biometric information:
52: New section 14A inserted (Purpose of collecting biometric information under section 14(1)(fb))
After section 14
14A: Purpose of collecting biometric information under section 14(1)(fb)
Biometric information collected under section 14(1)(fb)
a: to manage offenders to ensure public safety; and
b: to identify offenders before they leave New Zealand; and
c: to enforce the condition specified in section 14(1)(fa)
53: Section 107JA amended (Standard extended supervision conditions)
After section 107JA(1)(e)
ea: the offender must not leave or attempt to leave New Zealand without the prior written consent of a probation officer:
eb: the offender must, if a probation officer directs, allow the collection of biometric information:
54: New section 107JB inserted (Purpose of collecting biometric information under section 107JA(1)(eb))
After section 107JA
107JB: Purpose of collecting biometric information under section 107JA(1)(eb)
Biometric information collected under section 107JA(1)(eb)
a: to manage offenders to ensure public safety; and
b: to identify offenders before they leave New Zealand; and
c: to enforce the condition specified in section 107JA(1)(ea)
55: Parole Regulations 2002 amended
Amend the Parole Regulations 2002 Schedule 2 2017-08-22 Parole Regulations 2002
10: Amendments to Sentencing Act 2002
56: Principal Act
This subpart amends the Sentencing Act 2002 principal Act 2017-08-22 Sentencing Act 2002
57: Section 4 amended (Interpretation)
In section 4(1) biometric information
58: Section 49 amended (Standard conditions of supervision)
After section 49(1)(f)
fa: the offender must, if a probation officer directs, allow the collection of biometric information:
59: Section 54F amended (Standard conditions of intensive supervision)
After section 54F(1)(g)
ga: the offender must not leave or attempt to leave New Zealand without the prior written consent of a probation officer:
gb: the offender must, if a probation officer directs, allow the collection of biometric information:
60: New section 59A inserted (Offender must allow collection of biometric information)
After section 59
59A: Offender must allow collection of biometric information
An offender who is subject to a sentence of community work must, if a probation officer directs, allow the collection of biometric information.
61: Section 69E amended (Conditions of community detention during sentence term)
After section 69E(1)(d)
da: the offender must not leave or attempt to leave New Zealand without the prior written consent of a probation officer:
db: the offender must, if a probation officer directs, allow the collection of biometric information:
62: Section 71 amended (Offences relating to breach of sentence of community work)
After section 71(1)(a)
ab: fails, without reasonable excuse, to allow the collection of biometric information in accordance with section 59A
63: Section 80C amended (Detention conditions applying to offender sentenced to home detention)
After section 80C(2)(c)
ca: the offender must not leave or attempt to leave New Zealand without the prior written consent of a probation officer:
cb: the offender must, if a probation officer directs, allow the collection of biometric information:
64: Section 80O amended (Standard post-detention conditions)
After section 80O(e)
ea: the offender must not leave or attempt to leave New Zealand without the prior written consent of a probation officer:
eb: the offender must, if a probation officer directs, allow the collection of biometric information:
65: New subpart 2BA of Part 2 inserted
After section 80ZM
2BA: Biometric information
80ZMA: Purpose of collecting biometric information
1: Biometric information collected under section 49(1)(fa), 54F(1)(gb), 59A, 69E(1)(db), 80C(2)(cb), or 80O(eb)
a: to manage offenders to ensure public safety; and
b: to identify offenders before they leave New Zealand; and
c: to enforce the conditions specified in sections 54F(1)(ga), 69E(1)(da), 80C(2)(ca), and 80O(ea)
2: Biometric information may be used only for the purpose referred to in subsection (1).
66: Sentencing Regulations 2002 amended
Amend the Sentencing Regulations 2002 Schedule 3 2017-08-22 Sentencing Regulations 2002
11: Amendments to Victims’ Rights Act 2002
67: Principal Act
This subpart amends the Victims’ Rights Act 2002 principal Act 2017-08-22 Victims’ Rights Act 2002
68: New section 35B inserted (Notice of offender on temporary release escaping from lawful custody)
After section 35A
35B: Notice of offender on temporary release escaping from lawful custody
If the accused or offender is temporarily released from custody under section 62(1)(a) of the Corrections Act 2004, the chief executive of the Department of Corrections must give a victim to whom this section applies notice, as soon as practicable, of every instance the accused or offender is deemed to be unlawfully at large under section 63(3) of that Act.
69: Section 41 amended (Effect of appointment of representative)
In section 41
2: However, despite subsection (1)(b), if the information to which the appointment relates is a notice to be given to the victim under section 35(1)(b)(i), 35A(b)(i), 35B
a: there is a risk to the victim’s safety; and
b: that risk cannot in the circumstances be sufficiently managed by giving the notice to the representative.


1: Title
This Act is the Films, Videos, and Publications Classification (Interim Restriction Orders) Amendment Act 2017.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act
This Act amends the Films, Videos, and Publications Classification Act 1993 principal Act 2017-12-05 Films, Videos, and Publications Classification Act 1993
1: Substantive amendments to principal Act
4: Section 49 replaced (Interim restriction orders)
Replace section 49
49: Interim restriction orders on review
1: A person who is entitled, under section 53(2), to make written submissions to the Board in relation to a publication submitted for review under section 47 may, at any time before the review is completed, apply to the President of the Board for an interim restriction order in respect of the publication.
2: The President must, as soon as practicable,—
a: grant the application, if he or she is satisfied that it is in the public interest to do so; or
b: decline the application.
3: If the President grants the application, he or she must make an interim restriction order in respect of the publication that—
a: prohibits the doing of any act or thing in relation to the publication that, if the publication were an objectionable publication, would be an offence against any of the following:
i: section 123(1)(c), (d), or (e):
ii: section 127:
iii: section 129; or
b: restricts the availability of the publication to—
i: persons who have attained the age of 18 years or a specified younger age; or
ii: specified persons or classes of persons; or
c: restricts the use of the publication to 1 or more specified purposes (which may be made in conjunction with an order made under paragraph (b)
4: When determining whether to make an order under subsection (3)(b) or (c)
5: Section 67 replaced (Imposition of interim restrictions on appeal)
Replace section 67
67: Interim restriction orders on appeal
1: A party to an appeal under section 58 may, at any time before the appeal is determined, apply on notice to the High Court or a Judge of that court for an interim restriction order in respect of the publication that is the subject of the appeal.
2: The High Court or Judge must, as soon as practicable,—
a: grant the application, if the High Court or Judge is satisfied that it is in the public interest to do so; or
b: decline the application.
3: If the High Court or Judge grants the application, the High Court or Judge must make an interim restriction order in respect of the publication that—
a: prohibits the doing of any act or thing in relation to the publication that, if the publication were an objectionable publication, would be an offence against any of the following:
i: section 123(1)(c), (d), or (e):
ii: section 127:
iii: section 129; or
b: restricts the availability of the publication to—
i: persons who have attained the age of 18 years or a specified younger age; or
ii: specified persons or classes of persons; or
c: restricts the use of the publication to 1 or more specified purposes (which may be made in conjunction with an order made under paragraph (b)
4: When determining whether to make an order under subsection (3)(b) or (c)
6: New section 133A inserted (Contravention of interim restriction order)
After section 133
133A: Contravention of interim restriction order
1: A person commits an offence who, having knowledge of an order made in respect of a publication under section 49(3)(a) or 67(3)(a)
2: A person commits an offence who, having knowledge of an order made in respect of a publication under section 49(3)(b) or (c) or 67(3)(b) or (c)
a: fails to comply with that order; or
b: delivers the publication to any other person with the intention that it be dealt with by any person in contravention of the order.
3: A person who commits an offence under subsection (1) or (2)
a: in the case of an individual, $3,000; or
b: in the case of a body corporate, $10,000.
2: Consequential amendments to principal Act
7: Section 29 amended (Character of publications arising in court proceedings)
In section 29(1) section 116 but not including proceedings under section 67
8: Section 107 amended (Inspector may seize publications)
1: In section 107(2)(b)(ii) publication is being publicly displayed in contravention of section 130 or section 133 public display of the publication constitutes an offence under section 130, 133 133A
2: In section 107(3)(b) poster is being publicly displayed in contravention of section 130 or section 133 public display of the poster constitutes an offence under section 130, 133 133A
9: Section 133 replaced (Contravention of serial publication order or interim restriction order)
Replace section 133
133: Contravention of serial publication order
1: A person commits an offence who fails to comply with section 37(5) or (6).
2: A person who commits an offence against subsection (1)
a: in the case of an individual, $3,000; or
b: in the case of a body corporate, $10,000.
10: Section 144 amended (Attorney-General’s consent required for private prosecutions of certain publications offences)
Replace section 144(d)
d: section 133
e: section 133A


1: Title
This Act is the Private International Law (Choice of Law in Tort) Act 2017
2: Commencement
This Act comes into force 15 days after the date on which it receives the Royal assent.
1: Preliminary provisions
3: Purpose
The purpose of this Act is to establish rules for choosing the law to be used for determining issues relating to tort.
4: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1
5: Interpretation
In this Act, unless the context otherwise requires,— applicable law claim country
6: Act binds the Crown
1: This Act binds the Crown.
2: Nothing in this Act limits or affects the application of the Crown Proceedings Act 1950 Private International Law (Miscellaneous Provisions) Act 1995 s 15 (UK)
2: Substantive provisions
7: General principles
1: The characterisation for the purposes of private international law of issues arising in a claim as issues relating to tort is a matter for the courts of New Zealand.
2: The applicable law is to be used for determining the issues arising in a claim that have been characterised as relating to tort, including the question of whether an actionable tort has occurred.
3: The applicable law excludes any choice of law rules forming part of the law of the country or countries concerned.
4: To avoid doubt, this Act applies in relation to events occurring in New Zealand as well as to events occurring in any other country. Private International Law (Miscellaneous Provisions) Act 1995 s 9 (UK)
8: General rule
1: The general rule is that the applicable law is the law of the country in which the events constituting the tort in question occur.
2: Where elements of those events occur in different countries, the applicable law under the general rule is,—
a: for a cause of action in respect of personal injury caused to an individual or death arising from personal injury, the law of the country where the individual was when he or she sustained the injury; and
b: for a cause of action in respect of damage to property, the law of the country where the property was when it was damaged; and
c: in any other case, the law of the country in which the most significant element or elements of those events occurred.
3: In this section, personal injury
a: means a physical, mental, or physical and mental injury (even if the injury causes death); and
b: includes disease or infection. 2010 No 110 s 17(4), (5); Private International Law (Miscellaneous Provisions) Act 1995 s 11 (UK)
9: When general rule displaced
1: The general rule is displaced if the court determines in accordance with subsection (2) country B
2: The court must make its determination by comparing the following:
a: the significance of the factors that connect a tort with the country whose law would be the applicable law under the general rule; and
b: the significance of any factors connecting the tort with any other country.
3: The factors that may be taken into account as connecting a tort with a country for the purposes of this section include, but are not limited to, factors relating to—
a: the parties; or
b: any of the events that constitute the tort in question; or
c: any of the circumstances or consequences of those events.
4: If the general rule is displaced under this section, the law of country B (excluding any choice of law rules forming part of the law of that country, in accordance with section 7(3) Private International Law (Miscellaneous Provisions) Act 1995 s 12 (UK)
10: Rule of double actionability and related common law rules abolished
The following rules of common law, to the extent that they apply to a claim in tort, are abolished:
a: the rules of common law, to the extent that they require actionability under both New Zealand law and the law of another country, for the purpose of determining whether a tort is actionable:
b: the rules of common law, to the extent that they allow (as an exception from the rules falling within paragraph (a) Private International Law (Miscellaneous Provisions) Act 1995 s 10 (UK)
11: Relationship between Act and other rules of law
1: Nothing in this Act affects any rule of law (including rules of private international law) other than the rules that section 10
2: Without limiting the generality of subsection (1)
a: authorises the application of the law of a country outside New Zealand as the applicable law to the extent that doing so—
i: would conflict with principles of public policy; or
ii: would give effect to such a penal, revenue, or other public law as would not otherwise be enforceable under the law of New Zealand; or
b: affects any rules of evidence, pleading, or practice, or authorises questions of procedure in any proceedings, to be determined otherwise than in accordance with the law of New Zealand; or
c: precludes recognition or development of a choice of law rule giving effect to an agreement as to the applicable law.
3: To avoid doubt, subsection (2)(b)
4: This Act has effect without prejudice to the operation of any New Zealand rule of law that—
a: has effect despite the rules of private international law applicable in the particular circumstances; or
b: modifies the rules of private international law that would otherwise be applicable in the particular circumstances. Private International Law (Miscellaneous Provisions) Act 1995 s 14 (2)–(4) (UK)


1: Title
This Act is the Parental Leave and Employment Protection Amendment Act 2017.
2: Commencement
1: Part 1 Part 1 1 July 2018
2: Part 2 Part 2 1 July 2020
3: The rest of this Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act
This Act amends the Parental Leave and Employment Protection Act 1987 principal Act 2017-12-05 Parental Leave and Employment Protection Act 1987 Section 4 2018-07-01 Parental Leave and Employment Protection Act 1987 Part 1, and Part 1 of Schedule 2 2020-07-01 Parental Leave and Employment Protection Act 1987 Part 2, and Part 2 of Schedule 2
4: Schedule 1AA amended
In Schedule 1AA Parts 4 5 Schedule 1
1: Amendments to come into force on 1 July 2018
5: Section 1A amended (Purpose)
In section 1A(c) 18 weeks 22 weeks
6: Section 1B amended (Outline)
In section 1B(3)(a)(i) and (iii), (b)(i) and (iii), (c)(ii), and (d)(ii) 18 weeks 22 weeks
7: Section 9 amended (Duration of primary carer leave)
1: In section 9(1) and (3) 18 weeks 22 weeks
2: In section 9(2) 12 weeks 16 weeks
8: Section 26 amended (Duration of extended leave)
In section 26(3) 18 weeks 22 weeks
9: Section 32 amended (Requirements where extended leave sought)
In section 32(2)(a) 18 weeks 22 weeks
10: Section 45 amended (Early ending and extension of parental leave)
In section 45(4)(a) 18 weeks 22 weeks
11: Section 71A amended (Purpose)
In section 71A(a) 18 weeks 22 weeks
12: Section 71CE amended (Keeping-in-touch days)
In section 71CE(1) and (3)(b) 40 hours 52 hours
13: Section 71J amended (Duration of parental leave payment)
In section 71J(1)(a) and (b) 18 weeks 22 weeks
14: Section 71L amended (End of parental leave payment)
In section 71L(1)(a) 18 weeks 22 weeks Consequential amendments
15: Amendments to Parental Leave and Employment Protection Regulations 2016
Amend the Parental Leave and Employment Protection Regulations 2016 Part 1 2018-07-01 Parental Leave and Employment Protection Regulations 2016
2: Amendments to come into force on 1 July 2020
16: Section 1A amended (Purpose)
In section 1A(c) 22 weeks 26 weeks
17: Section 1B amended (Outline)
In section 1B(3)(a)(i) and (iii), (b)(i) and (iii), (c)(ii), and (d)(ii) 22 weeks 26 weeks
18: Section 9 amended (Duration of primary carer leave)
1: In section 9(1) and (3) 22 weeks 26 weeks
2: In section 9(2) 16 weeks 20 weeks
19: Section 26 amended (Duration of extended leave)
In section 26(3) 22 weeks 26 weeks
20: Section 32 amended (Requirements where extended leave sought)
In section 32(2)(a) 22 weeks 26 weeks
21: Section 45 amended (Early ending and extension of parental leave)
In section 45(4)(a) 22 weeks 26 weeks
22: Section 71A amended (Purpose)
In section 71A(a) 22 weeks 26 weeks
23: Section 71CE amended (Keeping-in-touch days)
In section 71CE(1) and (3)(b) 52 hours 64 hours
24: Section 71J amended (Duration of parental leave payment)
In section 71J(1)(a) and (b) 22 weeks 26 weeks
25: Section 71L amended (End of parental leave payment)
In section 71L(1)(a) 22 weeks 26 weeks Consequential amendments
26: Amendments to Parental Leave and Employment Protection Regulations 2016
Amend the Parental Leave and Employment Protection Regulations 2016 Part 2 2020-07-01 Parental Leave and Employment Protection Regulations 2016


Healthy Homes Guarantee Act 2017

1: Title
This Act is the Healthy Homes Guarantee Act 2017.
2: Commencement
1: The following provisions come into force on the day after the date on which this Act receives the Royal assent:
a: sections 3 8(1) Schedule the Schedule Schedule 1AA
b: section 8(2) and (3)
2: The rest of this Act comes into force on 1 July 2019.
3: Principal Act
This Act amends the Residential Tenancies Act 1986 principal Act 2017-12-05 Residential Tenancies Act 1986 Section 8(1) (only re Schedule 1AA; see s 2(1)(a)) 2019-07-01 Residential Tenancies Act 1986 rest of the Act
4: Section 13A amended (Contents of tenancy agreement)
1: Repeal section 13A(1A)(c)
2: After section 13A(1C)
1CA: The landlord must also include in the tenancy agreement a statement, made and signed by the landlord,—
a: that, on and after the commencement of the tenancy, the landlord will comply with the healthy homes standards as required by section 45(1)(bb) or 66I(1)(bb)
b: including the information (if any) prescribed by regulations under section 138B(5)
1CB: If there is a written variation or renewal of the tenancy agreement in accordance with section 13B(1), the landlord must include in the written variation or renewal a statement, made and signed by the landlord,—
a: that, on and after the time when the variation or renewal takes effect, the landlord will comply with the healthy homes standards as required by section 45(1)(bb) or 66I(1)(bb)
b: including the information (if any) prescribed by regulations under section 138B(5)
3: In section 13A(1D) subsection (1A) or (1CA)
4: After section 13A(1D)
1DA: The requirement that the landlord’s statement under subsection (1CB)
5: Replace section 13A(1E)
1E: The landlord’s statement under subsection (1A), (1CA), or (1CB)
6: In section 13A(1F)(a) and (b) subsection (1A) , (1CA), or (1CB)
5: Section 45 amended (Landlord's responsibilities)
1: Replace section 45(1)(bb)
bb: comply with the healthy homes standards; and
2: Repeal section 45(1)(bc), (1B), and (1C)
6: Section 138B replaced (Regulations in respect of insulation)
Replace section 138B
138B: Healthy homes standards
1: The Governor-General may, by Order in Council, make regulations that provide for, in accordance with this section, standards (the healthy homes standards section 45(1)(bb) or 66I(1)(bb)
2: The healthy homes standards may include any of the following:
a: standards about the indoor temperatures that must be capable of being achieved in the premises:
b: standards about other outcomes (for example, levels of moisture or humidity) that must be capable of being achieved in the premises and that may be affected by any of the things referred to in paragraph (c)(i) to (vii)
c: standards imposing requirements in relation to any of the following:
i: heating:
ii: insulation:
iii: ventilation:
iv: moisture ingress:
v: draught stopping:
vi: drainage:
vii: any material or other thing relating to a thing referred to in subparagraphs (i) to (vi)
3: The requirements that may be imposed by standards under subsection (2)(c)
a: requirements that things be installed or provided at the premises:
b: requirements about the inspection, maintenance, or replacement of things that are installed or provided at the premises:
c: requirements about the quantities, locations, condition, types, or technical specifications of things that are installed or provided at the premises and requirements about methods of installing or providing things at the premises.
4: Regulations under subsection (1)
a: specify methods for determining whether standards have been complied with (including any assumptions that may be made for the purpose):
b: include exceptions to standards.
5: The Governor-General may, by Order in Council, make regulations—
a: prescribing information relating to the healthy homes standards that must be included in a landlord’s statement for the purposes of section 13A(1CA)(b) or (1CB)(b)
b: prescribing the records or other documents that must be retained by a landlord for the purposes of section 123A(1)(ca)
6: Regulations under this section may—
a: make different provisions for different descriptions of landlords, premises, areas in New Zealand, or other circumstances:
b: make provisions applying to all landlords or provisions that apply only to particular descriptions of landlords, premises, areas in New Zealand, or other circumstances.
7: In this section, premises
138C: Powers to make regulations under sections 138A and 138B not limited by other enactments
To avoid doubt, nothing in the Building Act 2004, or in any other enactment relating to buildings, health, or safety, limits the provision that may be made by regulations under section 138A or 138B
7: Schedule 1A amended
1: In Schedule 1A 13A(1A), 13A(1A), (1CA), or (1CB)
2: In Schedule 1A This table is small in size and has 3 columns. This table amends Schedule 1A of the Residential Tenancies Act 1986 and should be read with that table to provide understanding of the context. 45(1A) (Landlord’s failure to meet obligations in respect of cleanliness, maintenance, smoke alarms, the healthy homes standards, or buildings, health, and safety requirements) 4,000
8: Related and consequential amendments
1: Amend the principal Act as set out in the Schedule
2: Subsection (3) Residential Tenancies Amendment Act 2016
3: Repeal sections 2(3) and (4) 4(2) 6(4) 14(2), (3), and (5) 18(2) 44(2) 2017-12-05 Residential Tenancies Amendment Act 2016 Section 8(2) & (3) (see s 2(1)(b))


1: Title
This Act is the Subordinate Legislation Confirmation Act 2017.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
1: Preliminary provisions
3: Purpose
The purpose of this Act is to confirm certain confirmable instruments and annual confirmable instruments that, unless earlier confirmed by an Act of Parliament, are—
a: revoked at the applicable deadline under section 47C(1)(a) or (b)
b: taken after the applicable deadline to have been invalid for their past operation (because they have been revoked with effect before or on the deadline) under section 47D
4: Interpretation
In this Act, unless the context otherwise requires, confirmable instrument annual confirmable instrument section 47B
5: Act binds the Crown
This Act binds the Crown.
6: Repeal
The Subordinate Legislation Confirmation Act 2016 2017-12-05 Subordinate Legislation Confirmation Act 2016
2: Confirmations
7: Commodity Levies Act 1990
The Commodity Levies (Eggs) Order 2016 2017-12-05 Commodity Levies (Eggs) Order 2016
8: Customs and Excise Act 1996
The following orders are confirmed:
a: Customs Import Prohibition (Southern Bluefin Tuna) Order 2016
b: Excise and Excise-equivalent Duties Table (Tobacco Products Indexation and Separate 10% Increase) Amendment Order 2016
c: Customs Import Prohibition (High-power Laser Pointers) Order 2017
d: Excise and Excise-equivalent Duties Table (Alcoholic Beverages Indexation) Amendment Order 2017. 2017-12-05 Customs Import Prohibition (Southern Bluefin Tuna) Order 2016 Customs Import Prohibition (High-power Laser Pointers) Order 2017
9: Education Act 1989
The Education (Tertiary Education—Criteria Permanent Residents Studying Overseas must Satisfy to be Domestic Students) Regulations 2016 2017-12-05 Education (Tertiary Education—Criteria Permanent Residents Studying Overseas must Satisfy to be Domestic Students) Regulations 2016
10: Energy (Fuels, Levies, and References) Act 1989
The Energy (Petrol, Engine Fuel, and Gas) Levy Regulations 2017 2017-12-05 Energy (Petrol, Engine Fuel, and Gas) Levy Regulations 2017
11: New Zealand Superannuation and Retirement Income Act 2001 and Social Security Act 1964
The Social Security (Rates of Benefits and Allowances) Order 2017 2017-12-05 Social Security (Rates of Benefits and Allowances) Order 2017
12: Social Security Act 1964
The Social Security (Budget 2017—Rates of, and Areas for, Accommodation Supplement) Order 2017 2017-12-05 Social Security (Budget 2017—Rates of, and Areas for, Accommodation Supplement) Order 2017


Maritime Transport Amendment Act 2017

1: Title
This Act is the Maritime Transport Amendment Act 2017.
2: Commencement
1: Part 2
2: The rest of this Act comes into force on the day after the date on which this Act receives the Royal assent.
3: Principal Act
This Act amends the Maritime Transport Act 1994 principal Act 2017-12-16 Maritime Transport Act 1994 re: section 2(2): Except for Part 2, the rest of this Act comes into force day after Royal assent. 2018-06-15 Maritime Transport Act 1994 re: section 2(1): Part 2 comes into force on the day that is 6 months after the date of Royal assent.
1: Drug and alcohol testing amendments
4: Section 36 amended (Maritime rules relating to other matters)
After section 36(1)(e)
ea: any matter that is contemplated by or necessary for giving full effect to Part 4B
i: the prescribing of safety-sensitive activities; and
ii: a scheme for carrying out drug and alcohol testing of safety-sensitive workers, including the prescribing of—
A: testable drugs; and
B: permissible levels of alcohol or testable drugs for testing purposes; and
C: testing processes and procedures; and
iii: the prescribing of matters to be stated in a document under section 40Z(5)(a)(iii)
iv: record keeping by operators and the Director:
5: New Part 4B inserted
After Part 4A
4B: Drug and alcohol testing by Director
40X: Health and Safety at Work Act 2015 not limited by this Part
This Part does not limit the Health and Safety at Work Act 2015.
40Y: Interpretation
In this Part, unless the context otherwise requires,— bodily sample
a: biological fluid:
b: biological tissue (whether living or not):
c: breath Director testing section 40Z drug or alcohol test
a: a test of a person’s bodily sample to determine the presence, but not the level, of alcohol or a testable drug (or both) in the sample; or
b: a test of a person’s bodily sample to determine the presence and the level of alcohol or a testable drug (or both) in the sample negative result
a: that alcohol or a testable drug (or both) is not present in the bodily sample; or
b: if the Director, in carrying out Director testing, applies the permissible level of alcohol or a testable drug prescribed by the maritime rules, that alcohol or a testable drug is not present in the body at that specified level; or
c: if the Director, in carrying out Director testing, applies the permissible level of alcohol or a testable drug specified in the operator’s safety system, that alcohol or a testable drug is not present in the body at that specified level operator
a: operates a ship other than a pleasure craft; and
b: holds a maritime document for operating that ship; and
c: is required by maritime rules to establish and follow a management system for the purposes of section 17(4)(a) safety-sensitive activity
a: means an activity that could significantly affect the health or safety of any person on board a ship, including the person performing the activity; and
b: includes an activity prescribed by the maritime rules safety-sensitive worker
a: means an individual who carries out work in any capacity for an operator in a role that involves the worker performing a safety-sensitive activity; and
b: includes the operator, if the operator is an individual safety system testable drug
a: means a drug that could impair a safety-sensitive worker’s performance of a safety-sensitive activity; and
b: includes a drug prescribed by the maritime rules; and
c: may include, for the purposes of section 40Z(4)(a)
40Z: Director testing
1: The Director may carry out drug or alcohol testing of 1 or more safety-sensitive workers of an operator.
2: Director testing—
a: must be carried out in relation to alcohol and testable drugs; and
b: may be carried out without giving advance notification to the operator or to the workers selected for testing; and
c: may be carried out at any reasonable time and in any reasonable circumstances the Director considers appropriate; and
d: may be carried out only if the worker consents to be tested; and
e: must be carried out by a person who is competent to carry out the testing, including by having any necessary experience or qualifications.
3: Subject to this section, Director testing must be carried out in accordance with the maritime rules.
4: If the operator’s safety system includes a scheme for carrying out drug and alcohol testing of safety-sensitive workers, Director testing may, at the Director’s discretion, be carried out in relation to the testable drugs and the permissible levels of alcohol and testable drugs—
a: specified in the safety system; or
b: prescribed by the maritime rules.
5: When carrying out Director testing, the Director must—
a: carry a document that states—
i: the name and contact details of the person carrying out the test; and
ii: an explanation of the statutory power to carry out the test; and
iii: any other matter prescribed by the maritime rules; and
b: show the document to the worker on first approaching the worker and at any later time on request; and
c: take reasonable steps to establish the identity of a worker who is to be tested; and
d: ask for the worker’s consent before testing the worker; and
e: give the worker a written statement that contains the information and other matters set out in subsection (6).
6: The statement required under subsection (5)(e) must contain the following:
a: the matters set out in the document referred to in subsection (5)(b):
b: the purpose of the test:
c: a general description of how the test will be carried out, including how the bodily sample will be taken and how it will be analysed:
d: an explanation of the consequences of refusing to consent or of the worker’s test returning a result other than a negative result:
e: advice that the worker will be informed of the result of the test (and approximately when this will happen):
f: advice about the worker’s right to appeal to the District Court under section 424 against the decision to test the worker:
g: advice about the worker’s right to request a second test under section 40ZA
7: As soon as practicable after the Director becomes aware of the result of a test, the Director must give the test result to the worker tested and the operator.
8: A safety-sensitive worker who has been tested or selected for testing under this section may appeal against the decision to test that worker to the District Court under section 424.
40ZA: Worker may request second Director test
1: A worker who has undergone Director testing may, immediately after the test is carried out, ask the Director to carry out a second test for the same substance by the same method.
2: The Director must carry out a second test requested under this section.
3: If a second test is carried out under subsection (2),—
a: that second test and its results replace the first test and its results for the purposes of this Part; but
b: subsections (1) and (2) do not apply so as to require a further test.
40ZB: What happens if worker refuses consent or test result is not negative
1: A safety-sensitive worker who has been selected for Director testing may refuse to consent to the testing.
2: If a worker refuses to consent to Director testing or is tested and returns a result other than a negative result, the Director must notify the operator for whom the worker carries out work of that fact as soon as practicable.
3: If the Director notifies the operator under subsection (2), the operator must prohibit the worker from performing safety-sensitive activities until the operator reasonably believes that the worker is able to safely perform those activities.
4: Subsection (3)—
a: applies regardless of any scheme for carrying out drug and alcohol testing of safety-sensitive workers in the operator’s safety system; but
b: does not in any other way limit the operation of that scheme.
40ZC: Use of test results in criminal proceedings
Test results obtained from Director testing are not admissible in any criminal proceedings other than the prosecution of an offence against any of the following:
a: this Act:
b: the Health and Safety at Work Act 2015:
c: the Hazardous Substances and New Organisms Act 1996.
2: Oil pollution compensation and LLMC Convention amendments
1: Amendments to Maritime Transport Act 1994
6: New section 2A inserted (Transitional, savings, and related provisions)
After section 2
2A: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1AA
7: Section 86 amended (Claims subject to limitation of liability)
In section 86(3) also (as amended by the LLMC Protocol)
8: Section 87 amended (Calculation of limits of liability)
In section 87(5) LLMC Convention LLMC Convention (as amended by the LLMC Protocol)
9: Section 88 amended (Units of account)
In section 88(2) LLMC Convention LLMC Convention (as amended by the LLMC Protocol)
10: Section 342 amended (Interpretation)
1: In section 342 CLC ship CLC ship
2: In section 342
2: In the Civil Liability Convention, ship
11: Heading to Part 26 amended
In the heading to Part 26 International Oil Pollution Fund and Supplementary Fund
12: Section 370 amended (Interpretation)
1: In section 370
a: repeal the definition of Convention ship
b: the definition of International Oil Pollution Fund or the Fund
2: In section 370 owner owner
3: In section 370 fund International Oil Pollution Supplementary Fund Supplementary Fund Supplementary Fund Protocol
13: Cross-heading above section 371 amended
In the cross-heading above section 371 Fund and Supplementary Fund
14: Section 371 replaced (International Oil Pollution Fund to have legal personality)
Replace section 371
371: International Oil Pollution Fund and Supplementary Fund declared to be legal entities
The International Oil Pollution Fund and the Supplementary Fund are legal entities and each fund has all the rights, powers, duties, and liabilities of a legal person.
15: Section 372 amended (Compensation from International Oil Pollution Fund for certain pollution damage)
1: In the heading to section 372 Fund and Supplementary Fund
2: In section 372
a: replace shall pay must pay
b: replace 373 373(1)
c: replace convention ship CLC ship
3: In section 372
2: Subject to the provisions of this Part, the Supplementary Fund must pay compensation, up to a maximum amount determined under section 373(1A)
16: Section 373 amended (Maximum amount of liability of International Oil Pollution Fund)
1: In the heading to section 373 Fund and Supplementary Fund
2: In section 373(1) The maximum amount for which the International Oil Pollution Fund shall be liable for pollution damage under section 372 shall be fixed from time to time, by Order in Council, and, until such time as the maximum amount is so fixed, shall be,— The maximum amount for which the International Oil Pollution Fund is liable for pollution damage under section 372(1)
3: After section 373(1)
1A: The maximum amount for which the Supplementary Fund is liable for pollution damage under section 372(2) section 372(1)
4: In section 373(2)
a: replace The maximum A maximum
b: replace shall apply applies
c: replace shall so apply applies
17: Section 374 amended (International Oil Pollution Fund’s liability for compensation avoided or limited in certain cases)
1: In section 374(2) shall not be liable under section 372 is not liable under section 372(1)
2: In section 374(3) shall be reduced is reduced
3: In section 374(4) shall apply applies
18: Section 375 amended (Several claims for compensation from International Oil Pollution Fund)
1: In section 375(1)
a: replace section 372 section 372(1)
b: replace shall determine must determine
2: In section 375(2)
a: replace section 372 section 372(1)
b: replace section 373 section 373(1)
c: replace shall order must order
19: Cross-heading above section 378 amended
In the cross-heading above section 378 Fund or Supplementary Fund
20: Section 378 amended (Time for bringing proceedings against International Oil Pollution Fund)
1: In the heading to section 378 Fund or Supplementary Fund
2: In section 378(1)
a: after against the International Oil Pollution Fund or the Supplementary Fund
b: replace shall be brought may be brought
c: replace served on the International Oil Pollution Fund served on the fund
21: Section 379 amended (Jurisdiction of court in respect of claims against International Oil Pollution Fund)
1: In the heading to section 379 Fund or Supplementary Fund
2: In section 379(1) Fund or the Supplementary Fund
3: Replace section 379(2)
2: If an action to enforce a claim for compensation for pollution damage under the Civil Liability Convention has been brought before a court in a State that is a party to that convention but is not a party to the Fund Convention or the Supplementary Fund Protocol, an action by the claimant against the International Oil Pollution Fund for compensation under Article 4 of the Fund Convention (or against both that fund under Article 4 of the Fund Convention and the Supplementary Fund under Article 4 of the Supplementary Fund Protocol) may be brought before a court in New Zealand, and the provisions of this Part apply accordingly.
22: Section 380 replaced (Notice of proceedings against International Oil Pollution Fund)
Replace section 380
380: Notice of proceedings against International Oil Pollution Fund or Supplementary Fund
If proceedings are brought against the International Oil Pollution Fund or the Supplementary Fund under section 372, the Registrar of the court in which the documents commencing the proceedings are filed must send copies of those documents to the Director.
23: Section 381 replaced (Notice to and joining of International Oil Pollution Fund in certain proceedings)
Replace section 381
381: Notice to and joining of International Oil Pollution Fund and Supplementary Fund in certain proceedings
1: In proceedings brought in a court against the owner of a CLC ship, or the owner’s insurer, to enforce a claim in respect of any liability incurred under section 372,—
a: either party to the proceedings may serve a notice on the International Oil Pollution Fund or on the Supplementary Fund; and
b: either party may join the fund served in the action; and
c: the fund served may apply to the court to be joined in the action.
2: A notice served under subsection (1)(a) must—
a: give sufficient details of the cause of action to allow the fund served to decide whether to apply to be joined in the action; and
b: specify a period of 30 days, or a lesser period ordered by the court, for the fund served to apply to be joined in the action.
3: If the fund served applies to be joined in the action, the court must join the fund in the proceedings.
4: If a fund has been served under subsection (1)(a) but has not been joined in the proceedings, the judgment of the court is final and binding on the fund to the extent that the fund may not challenge the findings of the court in any proceedings relating to the same cause of action.
24: Section 382 amended (Reciprocal enforcement of judgments against International Oil Pollution Fund)
1: In the heading to section 382 Fund or Supplementary Fund
2: In section 382(1)
a: replace shall apply applies
b: replace the International Oil Pollution Fund in a country in respect of which the Fund Convention is in force the International Oil Pollution Fund or the Supplementary Fund in a country in respect of which the Fund Convention or the Supplementary Fund Protocol (as the case may be) is in force
3: In section 382(2) shall have no effect have no effect
4: In section 382(3)
a: after Fund Convention or the Supplementary Fund Protocol
b: replace that Convention that convention or paragraph 3 of Article 4 of that protocol (as the case may be)
c: replace shall be the judgment is the judgment
25: Section 383 amended (Rights of subrogation of International Oil Pollution Fund)
1: In the heading to section 383 Fund or Supplementary Fund
2: In section 383
a: after from the International Oil Pollution Fund or the Supplementary Fund
b: replace then the International Oil Pollution Fund shall (up to the amount of compensation paid) be subrogated the fund is (up to the amount of compensation paid) subrogated
3: In section 383(b)
a: replace the International Oil Pollution Fund the fund
b: replace shall be as favourable must be as favourable
26: Section 385 amended (Levies on oil imports)
1: In section 385(1)
a: delete 11,
b: delete from time to time
2: After section 385(1)
1A: For the purpose of complying with the requirements of Articles 10 to 15 of the Supplementary Fund Protocol, the Governor-General may, by Order in Council, impose a levy on oil carried by sea and landed from a ship in any port or oil transfer site in New Zealand (whether or not landed from a country outside New Zealand).
3: In section 385(2) subsection (1), any such Order in Council subsections (1) and (1A), an Order in Council under this section
27: New Schedule 1AA inserted
Insert the Schedule 1AA Schedule 1
2: Consequential amendments and revocation
28: Consequential amendment to Biosecurity Law Reform Act 2012
1: This section amends the Biosecurity Law Reform Act 2012
2: In section 86(10)
n: prescribing requirements and procedures relating to the control and management of ballast water for the purposes of the convention, including provision for the Director to issue guidelines in accordance with the convention. 2018-06-15 Biosecurity Law Reform Act 2012
29: Consequential amendments and revocation: Maritime Transport (Fund Convention) Levies Order 1996
1: Amend the Maritime Transport (Fund Convention) Levies Order 1996 Schedule 2
2: The Maritime Transport (Fund Convention) Levies Amendment Order 1999 2018-06-15 Maritime Transport (Fund Convention) Levies Order 1996 Maritime Transport (Fund Convention) Levies Amendment Order 1999
3: Miscellaneous amendments
30: Section 33M amended (Navigation bylaws)
1: After section 33M(1)
1A: In relation to the launch of a vehicle or an object that a person has a licence or permit under New Zealand law to launch into outer space, a regional council may, in consultation with the Director, make bylaws—
a: to prohibit or regulate the use of ships:
b: to regulate, or authorise a person to regulate, the admission of persons to specified areas.
1B: The agreement dated 16 September 2016 between Her Majesty the Queen in right of New Zealand acting by and through the Minister for Economic Development, Rocket Lab Limited (a company incorporated under the Companies Act 1993 under company number 1835428), and Rocket Lab USA (a corporation incorporated in the United States of America) is to be treated as a licence or permit under New Zealand law for the purposes of subsection (1A).
2: In section 33M(2) subsection (1) or (1A)
31: Section 33Q replaced (Entitlement to infringement fees)
Replace section 33Q
33Q: Entitlement to infringement fees
A regional council is entitled to retain any infringement fee it receives in respect of an infringement offence—
a: under section 33O if the infringement notice was issued by a harbourmaster or an enforcement officer of the council:
b: under section 422 if—
i: the infringement offence is a breach of a maritime rule or a navigation bylaw prescribed as an infringement offence by regulations made under section 201(1)(b); and
ii: the infringement notice was issued under section 423 by a harbourmaster or an enforcement officer of the council.
32: Section 33X amended (Delegation or transfer of council’s responsibilities)
1: In section 33X(1) regional council or territorial authority
2: After section 33X(2)
2A: A territorial authority may transfer its responsibilities under section 33I to another public authority.
3: In section 33X(3) under subsection (2) to a port operator under subsection (2) or (2A) to a port operator or a council-controlled organisation
4: After section 33X(3)
3A: The transfer of a responsibility described in section 33I does not have the effect of transferring ownership of any works constructed under that section.
5: Replace section 33X(4)
4: A transfer of a responsibility under this section may only be made if—
a: the parties to the proposed transfer have agreed on the terms of the proposed transfer; and
b: the parties to the proposed transfer have notified the Minister of the proposed transfer.
4A: A local authority that is party to a proposed transfer must not agree to the transfer unless satisfied, after consultation in accordance with section 82 of the Local Government Act 2002, that the benefits of the proposed transfer to the authority’s district or region will outweigh any negative impacts of the proposal.
4B: From the time a transfer takes effect, the responsibilities and powers of the party receiving the transfer are extended as necessary to enable that party to undertake, exercise, and perform the transferred responsibilities.
4C: A party to a transfer may, in accordance with this section, initiate—
a: a variation of the terms of the transfer; or
b: the reversal of the transfer.
33: Section 36 amended (Maritime rules relating to other matters)
1: In section 36(1) rules for all or any of the following purposes rules that provide for all or any of the following
2: In section 36(1)(c) to (h), (j), (l) to (ta), (tc), and (td) prescribing
3: Replace section 36(1)(i)
i: defining operating limits and pilotage limits:
ia: requirements concerning pilotage, including when and where, and the classes of ships for which, pilotage is required or not required:
4: In section 36(1)(k)
a: delete requiring
b: delete prescribing
5: In section 36(1)(u) prescribing or providing for
34: Section 60B amended (Limitation of liability where pilot engaged)
Replace section 60B(3)
3: A pilot is not liable for neglect or want of skill when acting as a pilot,—
a: on board a ship being provided with pilotage; or
b: in accordance with the maritime rules, on land or on board another ship.
35: Section 201 amended (Regulations)
1: In section 201(1)(d)(i) shall be a fine not exceeding must not exceed
2: In section 201(1)(d)(ii) shall be a fine not exceeding must not exceed
36: Section 225 amended (Interpretation)
In section 225 marine protection product
a: before paragraph (a), insert:
aa: anything or any substance specified as a marine protection product for the purposes of this definition by the marine protection rules; and
b: in paragraph (b), replace sea;— sea
c: after paragraph (b), delete and includes anything that is specified as a marine protection product for the purposes of this definition by the marine protection rules
37: Section 388 amended (Marine protection rules in relation to harmful and other substances)
1: In section 388(a) to (d)
2: In section 388(e) to (h) and (j) to (m)
38: Section 452 amended (Incorporation by reference)
In section 452(5) offices head office


Maritime Crimes Amendment Act 2017

1: Title
This Act is the Maritime Crimes Amendment Act 2017.
2: Commencement
This Act comes into force on a date appointed by the Governor-General by Order in Council. Section 2 brought into force 27 May 2018 clause 2 Maritime Crimes Amendment Act 2017 Commencement Order 2018
1: Amendments to Maritime Crimes Act 1999
3: Principal Act
This Part amends the Maritime Crimes Act 1999 principal Act OIC LI 2018/56 2018-05-27 Maritime Crimes Act 1999
4: Long Title repealed
Repeal the Long Title.
5: New section 1A inserted (Purpose)
After section 1
1A: Purpose
The purpose of this Act is to give effect to the provisions of—
a: the Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation, done at Rome on 10 March 1988; and
b: the Protocol of 2005 to the Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation, done at London on 14 October 2005; and
c: the Protocol for the Suppression of Unlawful Acts Against the Safety of Fixed Platforms Located on the Continental Shelf, done at Rome on 10 March 1988; and
d: the Protocol of 2005 to the Protocol for the Suppression of Unlawful Acts Against the Safety of Fixed Platforms Located on the Continental Shelf, done at London on 14 October 2005.
6: Section 2 amended (Interpretation)
1: In section 2 act against a specified terrorism convention BCN weapon biological weapon
a: a non-peaceful biological agent; or
b: a weapon, piece of equipment, or means of delivery that is designed to use a non-peaceful biological agent or agents for hostile purposes or in armed conflict (whether or not it is armed with or accompanied by any non-peaceful biological agent) chemical weapon
a: a toxic chemical or precursor other than one that is intended for use for 1 or more of the following purposes:
i: industrial, agricultural, research, medical, pharmaceutical, or other peaceful purposes:
ii: purposes directly related to protection against toxic chemicals or chemical weapons:
iii: military purposes not dependent on the use of the toxic properties of chemicals as a method of warfare:
iv: law enforcement purposes; or
b: munitions, or a device, designed to cause death or harm to people through the toxic properties of chemical weapons (within the meaning of paragraph (a)
c: equipment designed for use directly in connection with the use of chemical weapons (within the meaning of paragraph (b) enforcement officer section 10G exclusive economic zone flag State
a: the State in which the ship is registered; or
b: if the ship is unregistered, the State whose flag the ship is entitled to fly or whose marks of registry the ship is entitled to display foreign ship high seas infrastructure facility internal waters non-peaceful biological agent nuclear weapon place of public use precursor
a: in relation to a toxic chemical, means a chemical that is used at any stage in the production of the toxic chemical; and
b: in relation to a toxic chemical that is a mixture of 2 or more chemical components, includes a chemical that—
i: is a key component of the toxic chemical; or
ii: is used at any stage in the production of a key component of the toxic chemical public transportation system serious injury or serious damage
a: serious bodily injury to people; or
b: extensive destruction, resulting in major economic loss, of a place of public use, a State or government facility, an infrastructure facility, or a public transportation system; or
c: substantial damage to the environment (that is, the air, the soil, water, animals, or plants) source material special fissionable material State or government facility territorial sea toxic chemical
a: whatever its origin or method of production; and
b: whether it is produced in a facility, in munitions, or elsewhere transport
2: In section 2
a: definition of act of violence crimes offences
b: repeal the definition of New Zealand
c: definition of Rome Convention 10 March 1988 , as amended by the Protocol of 2005 to that Convention, done at London on 14 October 2005 (a copy of the consolidated English text of the Convention and Protocol is set out in Schedule 1
d: definition of Rome Protocol 10 March 1988 , as amended by the Protocol of 2005 to that Protocol, done at London on 14 October 2005 (a copy of the consolidated English text of the Protocols is set out in Schedule 2
e: repeal the definition of scheduled to navigate
7: New sections 3A to 3C inserted
After section 3
3A: Act does not apply to certain situations
This Act does not apply to any act that occurs in a situation of armed conflict and is, at the time and in the place that it occurs, in accordance with rules of international law applicable to the conflict. Rome Convention, Art 2 bis
3B: Protest and other activity
To avoid doubt, the fact that a person engages in any protest, advocacy, or dissent, or engages in any strike, lockout, or other industrial action, is not, by itself, a sufficient basis for inferring that the person—
a: is carrying out an act for a purpose, or with an intention, specified in any offence in this Act; or
b: intends to cause an outcome specified in any offence in this Act. 2002 No 34 s 5(5)
3C: Act binds the Crown
This Act binds the Crown.
8: Cross-heading above section 4 amended
In the cross-heading above section 4 Crimes Offences
9: Section 4 amended (Crimes relating to ships)
1: In the heading to section 4 Crimes Offences
2: In section 4(1) and (3) a crime an offence
3: Repeal section 4(2)
4: After section 4(3) Rome Convention, Art 3
10: New sections 4A to 4C inserted
After section 4
4A: Further offences relating to ships
1: A person commits an offence if the person, with the purpose of intimidating a population or compelling a government or an international organisation to do or to abstain from doing any act, intentionally—
a: uses against or on a ship or discharges from a ship any explosive, radioactive material, or BCN weapon in a manner that causes or is likely to cause the death of any person or serious injury or serious damage; or
b: discharges from a ship any of the following substances in a quantity or concentration that causes or is likely to cause the death of any person or serious injury or serious damage:
i: oil:
ii: liquefied natural gas:
iii: any other hazardous or noxious substance that is not covered by paragraph (a)
c: causes death or serious injury or serious damage through the use of a ship.
2: A person commits an offence if the person, with the purpose of intimidating a population or compelling a government or an international organisation to do or to abstain from doing any act, threatens to do any act described in subsection (1)(a), (b), or (c) Rome Convention, Art 3 bis
4B: Offences relating to transportation of weapons and nuclear material and equipment
1: A person commits an offence if the person intentionally transports on board a ship—
a: any explosive or radioactive material, knowing that it is intended to be used to cause, or used in a threat to cause, the death of any person or serious injury or serious damage for the purpose of intimidating a population or compelling a government or an international organisation to do or to abstain from doing any act; or
b: any BCN weapon, knowing it to be a BCN weapon; or
c: any equipment, materials, or software or related technology that significantly contributes to the design, manufacture, or delivery of a BCN weapon, with the intention that it will be used for that purpose; or
d: any source material, special fissionable material, or equipment or material especially designed or prepared for the processing, use, or production of special fissionable material, knowing that it is intended to be used in a nuclear explosive activity or in any other nuclear activity not under safeguards pursuant to an International Atomic Energy Agency comprehensive safeguards agreement.
2: A person does not commit an offence against subsection (1)(c) subsection (1)(d)
a: the thing that is transported is under the control of a State Party to the Treaty on the Non-Proliferation of Nuclear Weapons and the resulting transfer or receipt of the thing is not contrary to the State Party's obligations under that Treaty; or
b: the thing is intended for the delivery system of a nuclear weapon of a State Party to that Treaty, and the holding of the weapon is not contrary to the State Party's obligations under the Treaty. Rome Convention, Art 3 bis
4C: Offences relating to transportation of fugitives by ship
A person commits an offence if the person, with the intention to assist another person to evade criminal prosecution, intentionally transports the other person on board a ship, knowing the other person—
a: has committed an offence against section 4, 4A, or 4B section 6 4A, or 4B
b: has committed an act against a specified terrorism convention. Rome Convention, Art 3 ter
11: Section 5 amended (Crimes relating to fixed platforms)
1: In the heading to section 5 Crimes Offences
2: In section 5(1) and (3) a crime an offence
3: Repeal section 5(2)
4: After subsection (3), insert: Rome Protocol, Art 2
12: New section 5A inserted (Further offences relating to fixed platforms)
After section 5
5A: Further offences relating to fixed platforms
1: A person commits an offence if the person, with the purpose of intimidating a population or compelling a government or an international organisation to do or to abstain from doing any act, intentionally—
a: uses against or on a fixed platform or discharges from a fixed platform any explosive, radioactive material, or BCN weapon in a manner that causes or is likely to cause the death of any person or serious injury or serious damage; or
b: discharges from a fixed platform any of the following substances in a quantity or concentration that causes or is likely to cause the death of any person or serious injury or serious damage:
i: oil:
ii: liquefied natural gas:
iii: any other hazardous or noxious substance that is not covered by paragraph (a)
2: A person commits an offence if the person, with the purpose of intimidating a population or compelling a government or an international organisation to do or to abstain from doing any act, threatens to do any act described in subsection (1)(a) or (b) Rome Protocol, Art 2 bis
13: Sections 6 to 9 and cross-heading above section 8 replaced
Replace sections 6 to 9 section 8
6: Offences relating to death and injury
1: A person commits an offence if the person intentionally—
a: causes the death of any person in connection with the commission or attempted commission of an offence against section 4(1), 4A(1) 4B(1) 4C 5A(1)
i: murder under section 167 or 168 of the Crimes Act 1961; or
ii: manslaughter under section 171 of the Crimes Act 1961; or
b: injures any person in connection with the commission or attempted commission of an offence against section 4(1), 4A(1) 4B(1) 4C 5A(1)
2: For the purposes of subsection (1) in connection with the commission or attempted commission of an offence
a: to commit or facilitate the commission or attempted commission of the offence; or
b: to avoid the detection of the person or any other person in the commission or attempted commission of the offence; or
c: to avoid the arrest of, or to facilitate flight from arrest of, the person or any other person on the commission or attempted commission of the offence.
3: Subsection (2) in connection with the commission or attempted commission of an offence Rome Convention, Art 3 quater ter
7: Penalties for offences against sections 4 to 6
1: A person convicted of an offence—
a: against section 6(1)(a)(i)
b: against section 6(1)(a)(ii)
2: A person who commits an offence against section 4, 4A 4B 5A 6(1)(b)
3: A person who commits an offence against section 4C Jurisdiction and application provisions
8: Extra-territorial jurisdiction
1: This Act applies in relation to an offence that occurs beyond the outer limits of New Zealand’s territorial sea if—
a: the offence is committed—
i: against or on board a New Zealand ship; or
ii: against or on board a fixed platform located on New Zealand's continental shelf; or
iii: against or on board a foreign ship and the flag State of the foreign ship has consented to New Zealand exercising jurisdiction in relation to the ship in accordance with the Rome Convention; or
b: the alleged offender is—
i: a New Zealand citizen; or
ii: a person ordinarily resident in New Zealand but not the citizen of any State; or
iii: present in New Zealand.
2: For the purposes of subsection (1)(a)
3: Subsection (2) Rome Convention, Art 6; Rome Protocol, Art 3
14: Section 10 amended (Application of Crimes Act 1961)
In section 10 crimes described in section 4 or section 5 offences described in sections 4 to 6
15: New sections 10A to 10G and cross-heading inserted
After section 10 Enforcement officers’ powers
10A: Exercise of enforcement officers’ powers in relation to ships
1: An enforcement officer may exercise the powers specified in section 10B
a: a person on board the ship has committed, is committing, or is about to commit an offence against this Act; or
b: the ship has been, is, or is about to be used in the commission of an offence against this Act. Exercise of powers in relation to New Zealand ships
2: Subsection (1) Exercise of powers in relation to foreign ships
3: Subsection (1)
a: the foreign ship is in New Zealand’s internal waters or territorial sea and the officer has reasonable grounds to suspect the offence has been, is, or is about to be committed in New Zealand’s internal waters or territorial sea; or
b: in every other case, the flag State of the foreign ship has consented to the exercise of the powers in relation to the foreign ship.
4: If an enforcement officer exercises his or her power to board a foreign ship described in subsection (3)(a)
5: An enforcement officer must exercise his or her powers in relation to a foreign ship described in subsection (3)(b) Rome Convention, Art 8 bis
10B: Powers to board and search ship
1: An enforcement officer has the power to—
a: stop and board a ship:
b: search a ship.
2: The provisions of Part 4 of the Search and Surveillance Act 2012 (except subpart 3) apply in respect of the powers conferred by subsection (1) section 10A
3: In relation to a ship that fails to stop when signalled or required to do so, an enforcement officer may—
a: chase the ship:
b: if the ship continues to fail to stop, fire a warning shot:
c: as a last resort, after having fired a warning shot, fire at or onto the ship to compel it to stop.
4: An enforcement officer must not interfere with any attempt by the master of a foreign ship to communicate with the authorities of the flag State of the ship during the boarding and search.
10C: Enforcement officers’ powers in relation to fixed platforms
1: An enforcement officer may enter and search a fixed platform if the enforcement officer has reasonable grounds to suspect that—
a: a person on board the fixed platform has committed, is committing, or is about to commit an offence against this Act; or
b: the fixed platform has been, is, or is about to be used in the commission of an offence against this Act.
2: The provisions of Part 4 of the Search and Surveillance Act 2012 (except subpart 3) apply in respect of the powers conferred by subsection (1)
10D: Power of arrest
1: If an enforcement officer has reasonable grounds to suspect that any person has committed an offence against this Act, the officer may arrest the person without warrant—
a: on board a ship to which section 10A
b: on board a fixed platform to which section 10C
c: if the person has left a ship or platform referred to in paragraph (a) or (b)
2: However, an enforcement officer must not arrest a person on board a foreign ship described in section 10A(3)(b)
3: If an enforcement officer (not being a constable) arrests a person under subsection (1)
4: Nothing in this section limits the application of section 315 of the Crimes Act 1961.
10E: Use of force
1: An enforcement officer may use reasonable force for the purpose of exercising his or her powers under this Act.
2: In exercising his or her powers in relation to a foreign ship, an enforcement officer must not use any force that exceeds the minimum degree of force that is necessary in the circumstances.
3: Every reference to the use of force in Part 4 of the Search and Surveillance Act 2012 (as applied by section 10B(2) subsection (2) Rome Convention, Art 8 bis
10F: Offence to obstruct or to fail to comply
1: A person commits an offence if—
a: he or she intentionally hinders or obstructs an enforcement officer exercising a power under this Act; and
b: he or she knows or ought reasonably to know that the person exercising the power is an enforcement officer.
2: A person who commits an offence against subsection (1)
3: A person commits an offence if—
a: he or she, without reasonable excuse, fails to comply with a lawful direction of an enforcement officer exercising a power under this Act; and
b: he or she knows or ought reasonably to know that the person exercising the power is an enforcement officer.
4: A person who commits an offence against subsection (3)
10G: Enforcement officers designated
1: The following are designated as enforcement officers for the purposes of this Act:
a: every constable:
b: every officer in command of a ship or an aircraft of the Defence Force.
2: An officer in command of a ship or an aircraft of the Defence Force may direct a person under his or her command to exercise the powers of an enforcement officer to any extent and for any period that the officer thinks necessary.
3: The person may exercise the powers as if he or she were an enforcement officer.
16: Section 11 amended (Master may deliver alleged offender to appropriate authorities)
1: In section 11(1) a crime against section 4 an offence against any of sections 4 to 4C section 6 4C
2: In section 11(4) crime offence
3: After section 11(6) Rome Convention, Art 8
17: Section 12 amended (Power to search persons and baggage on ships)
In section 12(2), (3), and (4)(c) a crime an offence
18: Section 13 amended (Definitions relating to extradition provisions)
In section 13 crime crime offence
19: Section 14 amended (Crimes deemed to be included in extradition treaties)
1: In the heading to section 14 Crimes Offences
2: In section 14(1) crime described in section 4 or section 5 offence described in any of sections 4 to 6
3: After section 14(2) Rome Convention, Art 8
20: Section 15 amended (Restriction on surrender)
1: In section 15(1) and (2) a crime described in section 4 or section 5 an offence described in any of sections 4 to 6
2: In section 15(3)(a) a crime described in section 4 an offence described in any of sections 4 to 4C section 6 4C
3: In section 15(3)(c) crime offence
21: Section 17 amended (Attorney-General's consent required for prosecutions)
In section 17(1) and (2) a crime against section 4 or section 5 an offence against any of sections 4 to 6
22: New section 20 inserted (Application to Tokelau)
After section 19
20: Application to Tokelau
1: Subject to subsections (2) and (3)
2: A prosecution for an offence alleged to have been committed in Tokelau is to be heard and determined by the High Court of New Zealand in accordance with section 3 of the Tokelau Amendment Act 1986.
3: In the application of this Act to Tokelau, unless the context otherwise requires,—
a: a reference in this Act to New Zealand (when used as a territorial description) is a reference to Tokelau:
b: a reference to New Zealand’s internal waters, territorial sea, or exclusive economic zone is a reference to Tokelau’s internal waters, territorial sea, or exclusive economic zone within the meaning of the Tokelau (Territorial Sea and Exclusive Economic Zone) Act 1977.
23: New Schedules 1 and 2 inserted
After section 20 (as inserted by section 22 Schedule 1
2: Consequential amendments
24: Consequential amendments to other Acts
Amend the Acts specified in Schedule 2 OIC LI 2018/56 2018-05-27 Criminal Procedure Act 2011 Maritime Security Act 2004 Mutual Assistance in Criminal Matters Act 1992 Search and Surveillance Act 2012 Terrorism Suppression Act 2002