Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698939559564.pdf (New Zealand)
Submarine Cables and Pipelines Protection Act 1996 Public Act Date of assent 1996 No 22 16 May 1996 Contents Title Short Title and commencement Interpretation Part 1 Preliminary provisions Application Act to bind the Crown Application of Act Other Acts not affected Part 2 Protection and enforcement Liability for damage to submarine cable or pipeline Civil liability Liability in respect of damage to cable or pipeline Indemnity for loss of certain equipment Indemnity for loss of certain equipment Submarine cable or pipeline that has ceased to be used Owner of submarine cable or pipeline that has ceased to be used to notify Minister District Court may order removal of abandoned submarine cable or pipeline Offence to damage submarine cable or pipeline 11 Offence to damage submarine cable or pipeline Note This Act is administered in the Ministry of Transport Page 3 3 3 6 6 6 7 7 7 8 8 9 1 Submarine Cables and Pipelines Protection Act 1996 Reprinted as at 3 September 2007 Prohibition on certain activities in protected areas Protected areas Offences in respect of protected areas Defences in respect of certain offences Penalties in respect of certain offences Appointment and powers of protection ofﬁcers, etc Protection ofﬁcers Ship may be ordered from protected area Seizure of ﬁshing equipment in protected area Master to identify ship Powers of enforcement ofﬁcers, etc Power to obtain documents and information Power of seizure Persons assisting enforcement ofﬁcer Enforcement ofﬁcer to produce evidence of authority to act Provisions relating to seized property Custody of property seized Release of property by Minister Release of property by Court Proceedings for offences, etc Consent of Attorney­General required for certain proceedings Evidential provisions relating to approved maritime surveillance equipment Offence to tamper or interfere with approved maritime surveillance equipment Evidence of testing and accuracy of approved maritime surveillance equipment Forfeiture of property on conviction
 Forfeiture of property on conviction Court may grant relief to third party Minister’s powers in respect of forfeited property Forfeiture of property or redemption payment is in addition to any other penalty Reprinted as at 3 September 2007 Submarine Cables and Pipelines Protection Act 1996 Part 1 s 2 Part 3 Miscellaneous provisions 35 36 37 Approved maritime surveillance equipment Regulations Repeals and savings Schedule Enactments repealed 23 23 24 25 An Act— (a) To provide better protection of submarine cables and pipelines; and To continue, or enable, the implementation of obligations on New Zealand under various international conventions relating to protection of submarine cables and pipelines; and To consolidate and amend the Submarine Cables and Pipelines Protection Act 1966 (b) (c) BE IT ENACTED by the Parliament of New Zealand as follows: 1 (1) (2) 2 Short Title and commencement This Act may be cited as the Submarine Cables and Pipelines Protection Act 1996.
This Act shall come into force on the day on which it receives the Royal assent.
Part 1 Preliminary provisions Interpretation In this Act, unless the context otherwise requires,— Anchor includes an anchor chain and an anchor cable Approved maritime surveillance equipment means any maritime surveillance equipment of a kind approved by the Minister under section 35 of this Act 3 Part 1 s 2 Submarine Cables and Pipelines Protection Act 1996 Reprinted as at 3 September 2007 Cable includes works within the meaning of section 2 of the Electricity Act 1992 and a line within the meaning of section 5 of the Telecommunications Act 2001 Cable: this deﬁnition was amended, as from 20 December 2001 by section 158 Telecommunications Act 2001 (2001 No 103) by substituting the words “section 5 of the Telecommunications Act 2001” for the words “section 2 of the Telecommunications Act 1987”.
Director means the person who is for the time being the Director of Maritime New Zealand under section 439 of the Maritime Transport Act 1994 Director: this deﬁnition was amended, as from 1 July 2005, by section 11(3) Maritime Transport Amendment Act 2004 (2004 No 98) by substituting the words “Maritime New Zealand” for the words “Maritime Safety”.
Enforcement ofﬁcer means— (a) A member of the Police: (b) An ofﬁcer in command of a ship of the New Zealand (c) Naval Forces: An ofﬁcer of the New Zealand Naval Forces of the rank of Midshipman or above: High seas means all parts of the sea that are not included in the territorial sea or in the internal waters of a country Image, in relation to approved maritime surveillance equip­ ment, includes a photograph, information stored in electronic form, and the display and transmission of pictorial or digital information Internal waters of New Zealand means the internal waters of New Zealand as deﬁned by section 4 of the Territorial Sea and Exclusive Economic Zone Act 1977 Master means a person (except a pilot) having command or charge of a ship Minister means the Minister of the Crown who, under the au­ thority of a warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of this Act New Zealand ship means a ship that is registered under the Ship Registration Act 1992; and includes a ship that is not reg­ istered under that Act but is required or entitled to be registered under that Act 4 Reprinted as at 3 September 2007 Submarine Cables and Pipelines Protection Act 1996 Part 1 s 2 Owner,— (a) (b) (c) (d) (e) In relation to a ship registered in New Zealand under the Ship Registration Act 1992, means the registered owner of the ship: In relation to a ship registered in any place outside New Zealand, means the registered owner of the ship: In relation to a ﬁshing ship, other than one to which paragraph (a) or paragraph (b) of this deﬁnition applies, means the person registered as the owner of the ship under section 57 of the Fisheries Act 1983: In relation to a ship to which paragraph (a) or para­ graph (b) or paragraph (c) of this deﬁnition applies, if, by virtue of any charter or demise or for any other rea­ son, the registered owner is not responsible for the man­ agement of the ship, means the charterer or other person who is for the time being so responsible: In
 relation to an unregistered ship or a registered ship that does not have a registered owner, means the person who is for the time being responsible for the manage­ ment of the ship: Owner, in relation to a submarine cable or submarine pipeline, includes the person who, if the cable or pipeline has ceased to be used, owned the cable or pipeline at the time it ceased to be used Pipeline means a pipeline used or intended to be used for the conveyance of gas (including natural gas), petroleum, oil, water, or any other mineral, liquid, or substance; and includes all ﬁttings, pumps, tanks, appurtenances, or appliances used in connection with a pipeline Protection ofﬁcer means a protection ofﬁcer appointed under section 16 of this Act Ship means every description of boat or craft used in naviga­ tion, whether or not it has any means of propulsion; and in­ cludes— (a) (b) A hovercraft or other thing deriving full or partial sup­ port in the atmosphere from the reaction of air against the surface of the water over which it operates: A submarine or other submersible: A barge, lighter, or other like vessel: (c) 5 Part 1 s 3 Submarine Cables and Pipelines Protection Act 1996 Reprinted as at 3 September 2007 Submarine cable means a cable that lies beneath the high seas or the territorial sea of New Zealand or the internal waters of New Zealand Submarine pipeline means a pipeline that lies beneath the high seas or the territorial sea of New Zealand or the internal waters of New Zealand.
Compare: 1966 No 5 s 2; 1977 No 28 s 33; 1977 No 96 s 2; 1987 No 184 s 29(3); 1992 No 122 s 173(2) Application Act to bind the Crown This Act binds the Crown.
Compare: 1966 No 5 s 12 Application of Act This Act applies to acts or omissions— (a) (b) (c) By a person within the territorial sea of New Zealand or the internal waters of New Zealand; or By a person on board or by means of a New Zealand ship on the high seas; or By a New Zealand citizen or a person ordinarily resident in New Zealand on board or by means of a ship, other than a New Zealand ship, on the high seas.
Compare: 1966 No 5 s 3(1) Other Acts not affected The provisions of this Act are in addition to, and not in substi­ tution for, the provisions of any other enactment and, except as expressly provided by this Act, nothing in this Act derogates from the provisions of any other enactment.
Compare: 1966 No 5 s 10 3 4 5 6 Reprinted as at 3 September 2007 Submarine Cables and Pipelines Protection Act 1996 Part 2 s 8 6 7 Part 2 Protection and enforcement Liability for damage to submarine cable or pipeline Civil liability Nothing in this Act limits or affects the liability for damages of any person in respect of any damage to a submarine cable or submarine pipeline.
Compare: 1966 No 5 s 9 Liability in respect of damage to cable or pipeline A person who, in the course of laying or repairing a submarine cable or submarine pipeline of which the person is the owner, damages another submarine cable or submarine pipeline, is liable for the cost of repairing that damage, and such liability— Is in addition to any other liability to which the person (a) may be subject; and (b) Applies whether or not— (i) (ii) The damage to the submarine cable or submarine pipeline was caused by that person’s negligence; or The person has been convicted of an offence re­ lating to that damage.
Compare: 1966 No 5 s 5 Indemnity for loss of certain equipment 8 (1) Indemnity for loss of certain equipment Subject to subsection (2) of this section, if after all reasonable precautions have been taken, an anchor, a net, or any other ﬁshing equipment belonging to a ship is sacriﬁced in order to avoid damaging a submarine cable or submarine pipeline, the owner of the ship is entitled to be indemniﬁed for that owner’s loss by the owner of the cable or pipeline.
(2) An owner of a ship is not entitled to be indemniﬁed under subsection (1) of this section if a person is convicted of an offence against section 11(1) or section 13 of this Act arising 7 Part 2 s 9 Submarine Cables and Pipelines Protection Act 1996 Reprinted as at 3 September 2007 out of the conduct that would, but for this subsection, give rise to the indemnity.
Compare: 1966 No 5 s 6 Submarine cable or pipeline that has ceased to be used 9 (1) (2) Owner of submarine cable or pipeline that has ceased to be used to notify Minister The owner of a submarine cable or submarine pipeline, as the case may be, shall, immediately after the use of the submarine cable or submarine pipeline has ceased, notify the Minister in writing that the cable or pipeline has ceased to be used.
Every person who fails to comply with this section commits an offence and is liable on summary conviction to a ﬁne not exceeding $5,000.
Compare: 1966 No 5 s 6A; 1977 No 96 s 3 10 District Court may order removal of abandoned submarine cable or pipeline (1) On the application of the Minister, a District Court may order that a submarine cable or submarine pipeline, or part of the cable or pipeline, that, in its opinion,— Is unlikely to be used again; and (a) Constitutes a hazard to ﬁshing operations or the anchor­ (b) ing of ships— be removed by the owner of the submarine cable or submarine pipeline, at the owner’s expense, from the territorial sea of New Zealand or the internal waters of New Zealand, as the case may be, within such time and in accordance with such conditions as may be speciﬁed in the order.
If the owner of a submarine cable or submarine pipeline that has been ordered to be removed under this section fails to com­ ply with all or any part of the order, within the time speciﬁed in the order or within such further period as the District Court may allow, the Minister may— (a) Carry out all or any part of the work ordered to be car­ ried out, and do all things incidental to the work; and (2) 8 Reprinted as at 3 September 2007 Submarine Cables and Pipelines Protection Act 1996 Part 2 s 12 (b) Recover the costs for carrying out the work referred to in paragraph (a) of this subsection from the owner of the submarine cable or submarine pipeline, as the case may be, as a debt due to the Crown.
Compare: 1966 No 5 s 6B; 1977 No 96 s 3 11 (1) Offence to damage submarine cable or pipeline Offence to damage submarine cable or pipeline Every person commits an offence and is liable on summary conviction to a ﬁne not exceeding $250,000 who— (a) Wilfully or negligently either damages, or causes or per­ mits a ship or equipment belonging to a ship to damage, a submarine cable or submarine pipeline; or Is the owner or master of a ship that is used in the com­ mission of an offence against paragraph (a) of this sub­ section.
(b) (3) (2) An owner or master of a ship who is convicted of an offence against paragraph (a) of subsection (1) of this section is not liable for an offence against paragraph (b) of that subsection arising out of the same course of conduct.
It is a defence to a prosecution for an offence against this sec­ tion if the defendant proves that the damage which is alleged to constitute the offence was caused by persons acting with the sole object of saving life or a ship after having taken all rea­ sonable precautions to avoid the damage.
For the purposes of this section, a person who causes an event by an act or omission which he or she knows would probably cause it, being reckless whether that event happens or not, is deemed to have caused it wilfully.
Compare: 1966 No 5 s 4 (4) Prohibition on certain activities in protected areas 12 (1) Protected areas The Governor­General may from time to time, by Order in Council made on the recommendation of the Minister, declare any of the following areas to be a protected area for the pur­ poses of this Act: 9 Part 2 s 12 Submarine Cables and Pipelines Protection Act 1996 Reprinted as at 3 September 2007 An area within the internal waters of New Zealand: (a) (b) An area within the territorial sea of New Zealand: (c) An area within the exclusive economic zone of New Zealand (as described in section 9 of the Territorial Sea and Exclusive Economic Zone Act 1977).
(2) The Minister shall not make a recommendation under subsec­ tion (1) of this section unless— (a) The Minister has ﬁrst consulted with such persons or organisations representing such persons as the Minister considers would be affected by the order; and Those persons or organisations have a reasonable op­ portunity to make submissions to the Minister; and The Minister has regard to those submissions.
(b) (c) (3) A failure to comply with subsection (2) of this section does not affect the validity of any Order in Council made under subsection (1) of this section.
(4) An Order in Council under subsection (1) of this section may— (a) Apply— (i) Generally in respect of an area to which it relates: (ii) Differently in respect of speciﬁed areas or classes of areas within the general area speciﬁed in the Order in Council: (iii) Generally in respect of all ships: (iv) Differently in respect of speciﬁed ships or classes of ships: (v) Generally in respect of all methods of ﬁshing: (vi) Differently in respect of speciﬁed methods of ﬁshing: (b) Impose requirements in respect of speciﬁed ships or classes of ships that must be met before a ship or class of ships qualiﬁes for exclusion from the application of the order.
The Minister shall publish a notice of the making of an Order in Council under subsection (1) of this section in— (a) Each of the metropolitan daily newspapers published in Auckland, Wellington, Christchurch, and Dunedin, respectively; and The Gazette.
(b) (5) 10 Reprinted as at 3 September 2007 Submarine Cables and Pipelines Protection Act 1996 Part 2 s 13 (6) The Minister may, by notice in the Gazette, declare that an Order in Council under this section does not apply in respect of a speciﬁed ship or class of ships, and may in like manner vary or revoke any such notice.

(7) A declaration under subsection (6) of this section may be made unconditionally or upon or subject to such conditions that are speciﬁed in the notice.
(9) (8) Notwithstanding the provisions of an Order in Council under this section, any such notice has effect according to its tenor.

Subsections (2), (3), and (5) of this section apply, with such modiﬁcations as may be necessary, to the making of a declar­ ation under subsection (6) of this section.
Compare: 1966 No 5 ss 7, 7A(2); 1977 No 96 ss 4, 5 13 (1) (2) Offences in respect of protected areas Subject to subsection (3) of this section, if— (a) Fishing operations are conducted from a ship in an area declared to be a protected area in respect of that ship under section 12(1) of this Act; or (b) A ship is anchored in any such area— the owner and the master of the ship each commits an offence and is each liable on summary conviction to the appropriate penalty under section 15 of this Act.
Subject to subsection (3) of this section, every person who fails to comply with, or acts in contravention of, an Order in Council under section 12(1) of this Act commits an offence and is liable on summary conviction to the appropriate penalty under section 15 of this Act.

(3) A person is not liable for an offence against this section in­ volving a ship to which a notice under section 12(6) of this Act applies.
(4) Where in proceedings for an offence against this section, an enforcement ofﬁcer or a protection ofﬁcer gives evidence that he or she observed— (a) A net, line, rope, chain, or any other thing used in con­ nection with ﬁshing operations being towed by, or op­ erated or suspended from, a ship; or 11 Part 2 s 14 Submarine Cables and Pipelines Protection Act 1996 Reprinted as at 3 September 2007 (b) An anchor being lowered or suspended from, or raised by, a ship,— it shall be presumed that, in the absence of evidence to the contrary, ﬁshing operations were being conducted from the ship or the ship was anchored, as the case may be.
(5) Where in proceedings for an offence against this section, evidence is given of an image made by approved maritime surveillance equipment, being an image showing— (a) A net, line, rope, chain, or any other thing used in con­ nection with ﬁshing operations being towed by, or op­ erated or suspended from, a ship; or (b) An anchor being lowered or suspended from, or raised by, a ship,— it shall be presumed that, in the absence of evidence to the contrary, ﬁshing operations were being conducted from the ship or the ship was anchored, as the case may be.
Compare: 1966 No 5 s 7A(1); 1977 No 96 s 5 Defences in respect of certain offences It is a defence to a prosecution for an offence against section 13 of this Act if the defendant proves that any anchoring which is alleged to constitute the offence was necessary for the pur­ pose of saving life or a ship.

It is a defence to a prosecution for an offence against section 13 of this Act if the defendant proves that the defendant took all reasonable steps to prevent the commission of the offence.
Compare: 1966 No 5 s 7A(3); 1977 No 96 s 5 Penalties in respect of certain offences Every person who commits an offence against section 13 of this Act is liable on summary conviction,— (a) To a ﬁne not exceeding $100,000, if— (i) The offence was committed in the course of con­ ducting an activity for the purpose of producing a commercial gain; or (ii) A ship, which is used for an activity that has, as its predominant purpose, the making of a com­ mercial gain, was used in the commission of the offence: 14 (1) (2) 15 12 Reprinted as at 3 September 2007 Submarine Cables and Pipelines Protection Act 1996 Part 2 s 18 (b) To a ﬁne not exceeding $20,000, if the offence was com­ mitted, otherwise than in any of the circumstances spe­ ciﬁed in paragraph (a) of this section.
Compare: 1966 No 5 s 7A(2); 1977 No 96 s 5 16 (1) (2) 17 (1) Appointment and powers of protection ofﬁcers, etc Protection ofﬁcers The Minister may from time to time, by notice in the Gazette, appoint a person to be a protection ofﬁcer.

For the purposes of this Act, an enforcement ofﬁcer is deemed to be a protection ofﬁcer.
Ship may be ordered from protected area If a protection ofﬁcer believes on reasonable grounds that a ship or equipment belonging to a ship is being used in a pro­ tected area in the commission of an offence against section 13 of this Act, the protection ofﬁcer may, by any means of communication, order the master of the ship to remove the ship from that area.
(2) Without derogating from any other provision of this Act, a master who, without reasonable cause, fails within a reason­ able period of time to comply with an order given under this section, commits an offence and is liable on summary convic­ tion to a ﬁne not exceeding $10,000.
Compare: 1966 No 5 s 7B; 1977 No 96 s 5 Seizure of ﬁshing equipment in protected area 18 (1) A protection ofﬁcer who ﬁnds ﬁshing equipment may seize the equipment if he or she believes on reasonable grounds that— The area in which he or she ﬁnds the equipment is de­ (a) clared to be a protected area by an Order in Council under section 12(1) of this Act; and The equipment has been left there by a ship to which the order applies.
(b) (2) A protection ofﬁcer who has seized ﬁshing equipment under subsection (1) of this section shall without delay arrange for 13 Part 2 s 19 Submarine Cables and Pipelines Protection Act 1996 Reprinted as at 3 September 2007 (3) (4) notice of the seizure to be posted at the police station nearest to where the seizure was made.
Subject to subsection (4) of this section, a protection ofﬁcer shall return ﬁshing equipment seized under subsection (1) of this section, at the expense of the person, to a person who es­ tablishes ownership to the satisfaction of the protection ofﬁcer.
If ownership of the ﬁshing equipment is not established under subsection (3) of this section within 60 days after the posting of the notice of seizure under subsection (2) of this section,— The ﬁshing equipment becomes the property of the (a) Crown subject only to those encumbrances, liens, and interests of which a protection ofﬁcer is aware at the time the ﬁshing equipment becomes the property of the Crown; and The ﬁshing equipment may be sold or otherwise dis­ posed of as the Minister thinks ﬁt.
(b) Compare: 1966 No 5 s 7C; 1977 No 96 s 5 19 Master to identify ship (1) If,— (a) A protection ofﬁcer believes on reasonable grounds that a ship or equipment belonging to a ship is being used in the commission of an offence against section 13 of this Act; and (b) A request for identiﬁcation is made to the ship by the protection ofﬁcer,— the master of the ship must advise the protection ofﬁcer of the master’s name, owner’s name, ship’s name, place of registry, register number, and such further information as may be rele­ vant to the identity of the master and owner and the identity of the ship that may be requested by the protection ofﬁcer.
(2) A master who, without reasonable cause, fails within a rea­ sonable period of time to comply with subsection (1) of this section commits an offence and is liable on summary convic­ tion to a ﬁne not exceeding $5,000.
14 Reprinted as at 3 September 2007 Submarine Cables and Pipelines Protection Act 1996 Part 2 s 20 Powers of enforcement ofﬁcers, etc 20 (1) Power to obtain documents and information If an enforcement ofﬁcer has reasonable cause to believe that an offence is being or has been committed against this Act by or from or in relation to a ship, the enforcement ofﬁcer may, for the purposes of enforcing the provisions of this Act,— (a) Require the owner or the master or a member of the crew of the ship to produce a certiﬁcate, ofﬁcial logbook, or other document in the possession or under the control of the owner, master, or crew member that relates to the ship: Require the master to produce a certiﬁcate of registra­ tion, charter, or other document, or to provide other in­ formation relating to the owner of the ship: Require the master of the ship, or any other person on board the ship, to produce a document, or to give an ex­ planation or information, as may be necessary to assist in identifying the location, conduct, and movements of the ship, or the actions of any person on board the ship at the time relevant to the suspected commission of an offence against this Act: Take or make copies of a document produced under this section, if the document is relevant to the suspected commission of an offence against this Act.
(b) (c) (d) (2) An enforcement ofﬁcer may— (a) (b) Take possession of and remove any such document from the place where it is kept for such period of time as is reasonable in the circumstances; and Require a person to reproduce, or assist the enforce­ ment ofﬁcer to reproduce, in usable form any informa­ tion recorded or stored on a document electronically or by other means.
(3) Nothing in paragraph (b) or paragraph (c) of subsection (1) of this section requires a person to answer a question if to do so would tend to incriminate that person.
For the purposes of this section document means a document in any form; and includes— (a) Any writing on or in any material; and (4) 15 Submarine Cables and Pipelines Protection Act 1996 Reprinted as at 3 September 2007 Part 2 s 21 (b) stored by means of a Information recorded or tape­recorder, computer, or other device; and material subsequently derived from information so recorded or stored; and A record, book, graph, or drawing; and (c) (d) A photograph, ﬁlm, negative, tape, disk, or other device in which one or more visual images are embodied or stored so as to be capable (with or without the aid of equipment) of being reproduced.
(5) Every person who fails without reasonable cause to comply with subsection (1) of this section commits an offence and is liable on summary conviction to a ﬁne not exceeding $5,000.

Compare: 1991 No 18 s 13 Power of seizure 21 (1) An enforcement ofﬁcer may seize a ship or other property if the ofﬁcer believes on reasonable grounds that the ship or other property is being used in the commission of an offence against section 13 of this Act.
Every person commits an offence and is liable on summary conviction to a ﬁne not exceeding $10,000 who— (a) (2) Resists or obstructs an enforcement ofﬁcer exercising the power of seizure under this section; or Fails without reasonable cause to comply with the requirements of an enforcement ofﬁcer exercising the power of seizure under this section.
(b) Compare: 1991 No 18 s 15 Persons assisting enforcement ofﬁcer An enforcement ofﬁcer exercising a power conferred on the ofﬁcer by this Act may call upon a person in the vicinity for assistance, and every person so called upon is authorised to render such assistance.
Compare: 1991 No 18 s 22 Enforcement ofﬁcer to produce evidence of authority to act Every enforcement ofﬁcer exercising a power conferred by section 20 or section 21 of this Act shall, at the time of ex­ 22 23 16 Reprinted as at 3 September 2007 Submarine Cables and Pipelines Protection Act 1996 Part 2 s 25 ercising that power, and thereafter on reasonable request, pro­ duce— (a) (b) Compare: 1991 No 18 s 24 Evidence that that person is an enforcement ofﬁcer; and Evidence of that person’s identity.
Provisions relating to seized property Custody of property seized Subject to sections 25 and 26 of this Act, property seized under section 21 of this Act shall be held in the custody of the Crown and shall not be released until— (a) A decision is made not to lay an information in respect of the alleged offence for which the property was seized; or (b) An information against the person charged with the of­ fence for which the property was seized is dismissed,— and, in that event, it must be released immediately from the custody of the Crown.
The decision whether or not to lay an information in respect of an alleged offence for which property is seized under section 21 of this Act shall be made as soon as reasonably practicable after the property is seized.
Compare: 1991 No 18 s 16 Release of property by Minister The Minister may, at any time after property has been seized under section 21 of this Act and before the completion of pro­ ceedings in respect of the alleged offence for which the prop­ erty was seized under that section, on application by— (a) (b) The person from whom the property was seized; or The owner or person entitled to the possession of the property seized,— release the property to that person under bond in such sum and under such sureties and conditions (if any) as the Minister may specify.
If the person to whom property is released under subsection (1) of this section fails to comply with the conditions of a bond or with a condition speciﬁed by the Minister,— 17 24 (1) (2) 25 (1) (2) Part 2 s 26 Submarine Cables and Pipelines Protection Act 1996 Reprinted as at 3 September 2007 (3) (4) (a) (b) The property may be reseized at any time at the direc­ tion of the Minister; and The Minister may, in the case of failure to comply with the conditions of a bond, apply to a District Court for an order for estreat of the bond.
If the Minister applies for an order for estreat of the bond, the Registrar shall ﬁx a time and place for the hearing of the application, and shall, not less than 14 days before the time ﬁxed, cause to be served on every person bound by the bond a notice of the time and place so ﬁxed.
If, on the hearing of the application, it is proved to the satis­ faction of the Court that a condition of the bond has not been kept, the Court may make an order to estreat the bond to such an amount as it thinks ﬁt to any person bound by the bond on whom notice is proved to have been served in accordance with subsection (3) of this section.

(5) A penalty payable under subsection (4) of this section is re­ coverable as if it were a ﬁne.
Compare: 1991 No 18 s 17 Release of property by Court 26 (1) Where property has been seized under section 21 of this Act,— (a) (b) The person from whom the property was seized; or The owner or person entitled to the possession of the property seized,— may, in accordance with this section, apply to a District Court or the High Court, as the case may be, for an order releasing the property to that person, and any such release may be subject to such sureties and conditions as the Court may specify.
(2) Where the property does not exceed $200,000 in value, the application shall be by way of originating application made to a District Court and the rules relating to the practice and procedure of District Courts for the time being in force under the District Courts Act 1947 apply with respect to every such application.
(3) Where the property exceeds $200,000 in value, the application shall be by way of originating application made to the High 18 Reprinted as at 3 September 2007 Submarine Cables and Pipelines Protection Act 1996 Part 2 s 28 Court and the High Court Rules apply with respect to every such application.
Compare: 1991 No 18 s 20 Proceedings for offences, etc 27 Consent of Attorney­General required for certain proceedings (1) Notwithstanding anything in any other enactment, proceed­ ings for an offence against this Act or regulations under this Act, being an offence that is alleged to have been committed— (a) (b) On board or by means of a ship, other than a New Outside the territorial sea of New Zealand; or (c) Zealand ship; or By a person who is not a New Zealand citizen or a per­ son ordinarily resident in New Zealand,— shall not be instituted in any Court except with the consent of the Attorney­General and on his or her certiﬁcate that it is expedient that the proceedings should be instituted.
(2) Notwithstanding subsection (1) of this section, a person may be arrested, or a warrant for a person’s arrest may be issued and executed, and the person may be remanded in custody or on bail, but no further proceedings shall be taken until the At­ torney­General’s consent under subsection (1) of this section has been obtained.
Compare: 1994 No 119 s 6 28 (1) Evidential provisions relating to approved maritime surveillance equipment In proceedings against a person for an offence against this Act or regulations under this Act, the production of an image pro­ duced by approved maritime surveillance equipment, being an image— (a) (b) Recording the presence or position of a ship; and Recording the date on which the image was taken, the time when the image was taken, and the location at which the image was taken, or recording any of those particulars,— is, in the absence of proof to the contrary, sufﬁcient evidence that the ship was present in a particular position or that the 19 Part 2 s 29 Submarine Cables and Pipelines Protection Act 1996 Reprinted as at 3 September 2007 image was taken on that date or at that time or at that location, as the case may be.
The production in evidence in the proceedings of an image that appears to be an image referred to in subsection (1) of this section is, in the absence of proof to the contrary, sufﬁcient evidence that the image was produced by approved maritime surveillance equipment.
Compare: 1962 No 135 s 42(1), (1A); 1992 No 108 s 8; 1993 No 88 s 35 Offence to tamper or interfere with approved maritime surveillance equipment Every person commits an offence and is liable on summary conviction to a ﬁne not exceeding $5,000 who— (a) Tampers with approved maritime surveillance equip­ ment; or Interferes with— (i) (ii) Approved maritime surveillance equipment; or The operation of approved maritime surveillance equipment.
Compare: 1962 No 135 s 42(2); 1992 No 108 s 8 (b) Evidence of testing and accuracy of approved maritime surveillance equipment In proceedings for an offence against this Act or regulations under this Act, the production of a certiﬁcate (or a document that appears to be a copy of the certiﬁcate) that appears to be signed by the Director or by a person authorised by the Director, as to the testing and accuracy of approved maritime surveillance equipment referred to in the certiﬁcate, is admis­ sible as evidence that the equipment referred to has been tested and is accurate.
Every document that appears to be a copy of a certiﬁcate issued under subsection (1) of this section shall, in the absence of proof to the contrary, be presumed to be a true copy.
Every certiﬁcate issued under subsection (1) of this section shall, in the absence of proof to the contrary, be presumed to have been signed by a person duly authorised to sign it; and it (2) 29 30 (1) (2) (3) 20 Reprinted as at 3 September 2007 Submarine Cables and Pipelines Protection Act 1996 Part 2 s 32 is not necessary for the certiﬁcate to show on its face that the person signing it was so authorised.
Compare: 1962 No 135 s 197(3), (4), (5); 1992 No 108 s 38(2) Forfeiture of property on conviction Forfeiture of property on conviction 31 (1) On the conviction of a person for an offence against— (a) (b) Section 11 of this Act; or Section 13 of this Act, in any case where the penalty imposed in respect of the offence is speciﬁed in section 15(a) of this Act,— the District Court in which the conviction is entered may order that a ship or other property used in respect of the commission of the offence be forfeited to the Crown.
(2) Where any property is forfeited to the Crown under subsection (1) of this section, the property shall upon forfeiture vest in the Crown absolutely and free of all encumbrances, liens, and interests.
Compare: 1991 No 18 s 30 32 (1) Court may grant relief to third party Subject to subsection (2) of this section, if property has been forfeited to the Crown under section 31(1) of this Act, a per­ son who claims that the person had an interest in the forfeited property prior to its forfeiture to the Crown may, in accordance with this section, apply to the District Court that ordered the forfeiture or the High Court, as the case may be, for an order under subsection (6) of this section.
(2) Nothing in subsection (1) of this section applies to— (a) A person who was involved in the commission of the offence in respect of which the property has been for­ feited; or (b) A person who did not acquire his or her interest in the property in good faith and who knew or had reason to believe at the time of the acquisition that the property was or would be involved in the commission of the offence in respect of which the property has been for­ feited.
21 Part 2 s 33 Submarine Cables and Pipelines Protection Act 1996 Reprinted as at 3 September 2007 (3) Where the property forfeited under section 31(1) of this Act does not exceed $200,000 in value, the application shall be by way of originating application made to, and ﬁled in, the ofﬁce of the District Court that ordered the forfeiture.
Except as modiﬁed by subsection (3) of this section, the rules relating to the practice and procedure of District Courts for the time being in force under the District Courts Act 1947 ap­ ply with respect to every such application made to the District Court that ordered the forfeiture.
(4) (5) Where the property forfeited under section 31(1) of this Act exceeds $200,000 in value, the application shall be by way of originating application made to the High Court and the High Court Rules apply with respect to every such application.
If the Court is satisﬁed that— (a) The applicant is a person to whom subsection (1) of this section applies; and The applicant’s claim to an interest in the property is valid,— (6) (b) the Court may make an order— (c) (d) Declaring the nature, extent, and value of the applicant’s interest in the property; and Either— (i) Directing the Crown to transfer the interest to the applicant; or (ii) Declaring that there is payable by the Crown to the applicant an amount equal to the value of the interest declared by the Court.
(7) The Court may make an order under this section on such terms and conditions as the Court thinks ﬁt.

Compare: 1991 No 120 s 18 33 Minister’s powers in respect of forfeited property (1) The Minister may sell or otherwise dispose of property that is forfeited to the Crown under section 31(1) of this Act as the Minister thinks ﬁt.
(2) A person who had a legal or equitable interest in such property prior to its forfeiture to the Crown may apply to the Minister 22 Reprinted as at 3 September 2007 Submarine Cables and Pipelines Protection Act 1996 Part 3 s 36 within 30 days after the conviction for the release of the prop­ erty so forfeited.
(3) On an application under subsection (2) of this section, the Min­ ister may order the release of such property on payment to the Crown of such amount as the Minister thinks appropriate, be­ ing an amount not exceeding the amount the property forfeited is estimated by the Minister to be likely to realise if sold by public auction in New Zealand.
Compare: 1983 No 14 s 107C(1), (2); 1990 No 29 s 52(1) 34 35 36 Forfeiture of property or redemption payment is in addition to any other penalty A forfeiture ordered by the Court under section 31(1) of this Act or a redemption payment imposed by the Minister under section 33(3) of this Act is in addition to, and not in substitu­ tion for, any other penalty that may be imposed by the Court.
Compare: 1983 No 14 s 107C(4); 1990 No 29 s 52(1) Part 3 Miscellaneous provisions Approved maritime surveillance equipment The Minister may from time to time, by notice in the Gazette, approve equipment of any kind to be approved maritime surveillance equipment for the purposes of this Act.
Regulations The Governor­General may from time to time, by Order in Council, make regulations for all or any of the following pur­ poses: (a) Regulating the navigation or conduct of ships engaged in the laying, repairing, or maintenance of submarine cables or submarine pipelines and prescribing the lights or signals to be displayed by those ships while engaged in those operations: Prescribing the duties of owners of submarine cables or submarine pipelines in respect of the marking or def­ inition of those cables and pipelines and prescribing (b) 23 Part 3 s 37 Submarine Cables and Pipelines Protection Act 1996 Reprinted as at 3 September 2007 (c) (d) (e) (f) (g) records to be kept in respect of the location of those ca­ bles or pipelines: Regulating the navigation or conduct of ships in relation to other ships engaged in the laying, repairing, or main­ tenance of submarine cables or submarine pipelines or in relation to those cables or pipelines or in relation to buoys or signals indicating the presence or proximity of those cables or pipelines: Prescribing the duties of persons in respect of reporting damage caused or likely to be caused to submarine ca­ bles or submarine pipelines: Prescribing offences against the regulations and deﬁn­ ing the persons or classes of persons liable to conviction for those offences: Prescribing ﬁnes not exceeding $50,000 for offences against the regulations: Providing for such matters as are contemplated by or necessary for giving full effect to the provisions of this Act and for the due administration of this Act.
Compare: 1966 No 5 s 13 37 (1) Repeals and savings The enactments speciﬁed in the Schedule to this Act are hereby repealed.

(2) Notwithstanding the repeal of the Submarine Cables and Pipelines Protection Act 1966 by subsection (1) of this sec­ tion, every Order in Council, regulation, and notice made under that Act and in force immediately before its repeal shall, until revoked, continue in force after the repeal of that Act as if it had been made under this Act.
The Governor­General may from time to time, by Order in Council,— (a) Make regulations amending, or revoking in whole or in part, any regulations continued in force by subsection (2) of this section; or (3) (b) Make Orders in Council amending, or revoking in whole or in part, any orders continued in force by subsection (2) of this section.
24 Reprinted as at 3 September 2007 Submarine Cables and Pipelines Protection Act 1996 Schedule (4) The Minister may from time to time, by notice in the Gazette, amend, or revoke in whole or in part, any notice continued in force by subsection (2) of this section.

Schedule Enactments repealed Section 37(1) 1966, No 5—The Submarine Cables and Pipelines Protection Act 1966.

(RS Vol 13, p 629.)

1977, No 28—The Territorial Sea and Exclusive Economic Zone Act 1977.

(RS Vol 27, p 877.
(RS Vol 27, p 877.

): So much of the Schedule as relates to the Submarine Cables and Pipelines Protection Act 1966.

1977, No 96—The Submarine Cables and Pipelines Protection Amendment Act 1977.

1992, No 122—The Electricity Act 1992: So much of Schedule 4 as relates to the Submarine Cables and Pipelines Protection Act 1966.

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