McCully MurrayMARITIME CRIMES AMENDMENT BILLFirst ReadingHon MURRAY McCULLY (Minister of Foreign Affairs): I move That the Maritime Crimes Amendment Bill be now read a first time. I nominate the Foreign Affairs Defence and Trade Committee to consider the bill. The Maritime Crimes Amendment Bill—[Interruption] Mr SPEAKER: Order! I apologise for interrupting. Can I ask members to leave the House more quietly. We have a piece of legislation receiving a first reading. The Minister deserves some courtesy from us all.Hon MURRAY McCULLY: The Maritime Crimes Amendment Bill strengthens New Zealand's ability to deter and react decisively to terrorism. It contains the provisions that are needed in New Zealand law to implement the two 2005 maritime counterterrorism treaties: the protocol of 2005 to the Rome Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation and the protocol of 2005 to the Rome Protocol for the Suppression of Unlawful Acts Against the Safety of Fixed Platforms Located on the Continental Shelf. I am sure all members are familiar with the detail of these two important international instruments.The international legal framework for terrorism now comprises 16 instruments which cover terrorist activities involving aircraft ships specified classes of people the use of particular materials and also the financing of terrorism. The 2005 protocols to the Rome convention and the Rome protocol ensure that the maritime security framework they establish is capable of responding to contemporary threats. Although these treaties covered the ships and fixed platforms—the potential targets of terrorist activity—they did not adequately address the use of ships or fixed platforms either for terrorist acts or in enabling terrorist acts. The Rome convention and the Rome protocol are implemented in New Zealand through the Maritime Crimes Act 1999.This bill introduces new offences to implement the offences created by the 2005 protocols. These relate to the use of ships or fixed platforms for terrorist acts. For example to use or threaten to use against or on a ship or discharge from a ship any explosive radioactive material or biological chemical or nuclear weapon in a manner that is likely to cause death or causes or is likely to cause serious injury for the purpose of intimidating a population or compelling a Government or an international organisation to do or abstain from doing any act; the illicit trafficking by ship of weapons of mass destruction their delivery systems and related material—for example intentionally transporting on board a ship any explosive or radioactive material knowing that it is intended to be used to cause or in a threat to cause death or serious injury or 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; the transportation of fugitives by ship where the person assisting knows that the person being transported has committed an offence in relation to terrorism and ships or in relation to transportation of weapons and nuclear material and equipment or has committed an act against a specified terrorism convention; and intentionally causing death or injury in connection with the above offences.The bill also introduces a maritime boarding regime consistent with existing international law which clarifies enforcement officers' powers when taking action in relation to offences under the Maritime Crimes Act 1999. The bill gives New Zealand courts extraterritorial jurisdiction over an offence if there is a New Zealand link—for example if it takes place on board a New Zealand ship. The safeguard for prosecution of an offence under the Act is a requirement for the Attorney-General to consent to the proceedings. The bill also provides that the Act does not apply to situations of armed conflict.The bill also makes consequential amendments to the Maritime Security Act 2004 the Mutual Assistance in Criminal Matters Act 1992 the Extradition Act 1999 the Search and Surveillance Act 2012 and the Terrorism Suppression Act 2012. These amendments are necessary to fully implement the required amendments to the Maritime Crimes Act. For example the schedule to the Mutual Assistance in Criminal Matters Act is amended by adding the new offences under the bill. This means New Zealand may cooperate with international partners in responding to requests or in requesting assistance from other countries in relation to investigating or prosecuting such offending. The schedule to the Search and Surveillance Act is amended by including the new search powers in the bill. This will ensure certain ancillary powers and requirements will apply when exercising powers under the bill.New Zealand is currently a party to 14 of the 16 core international counter-terrorism instruments and once this bill has been passed it will be able to become party to these last two most recent protocols. The 2005 protocols are already in force so will enter into force in New Zealand once this bill has been passed and New Zealand has ratified them. By advancing the bill New Zealand will not only show its continued commitment to the fight against terrorism but also ensure that terrorists will not find a safe haven in this country. For those reasons I commend this bill to the House.