Duynhoven Harry: Maritime Security Bill — First Reading 
Duynhoven Harry: Maritime Security Bill — First Reading 
[Volume:611;Page:8569] 
Hon HARRY DUYNHOVEN (Associate Minister of Transport) 
: 
 I move  
That the Maritime Security Bill be now read a first time. 
 At the appropriate time I will move that the bill be referred to the Government Administration Committee that the committee finally report on the bill by 11 December 2003 and that the committee have the authority to meet at any time while the House is sitting except during questions for oral answer and during any evening on a day on which there has been a sitting of the House and to meet on a Friday in a week in which there has been a sitting of the House despite Standing Orders 193 and 196(1)(b) and (c). 
Following the terrorist attacks of 11 September 2001 and subsequent acts of terrorism the international maritime community through the International Maritime Organization decided to develop new comprehensive measures to enhance ship and port security in order to prevent acts of international terrorism. In December 2002 that work led to a multilateral agreement on two major documents. First the International Maritime Organization adopted the International Ship and Port Facility Security Code which is known as the “ISPS Code” as part of the International Convention for the Safety of Life at Sea the “SOLAS” convention. That code specifically aims to prevent unauthorised weapons and other dangerous items from being introduced to ships and ports. Secondly the International Maritime Organization agreed to major security-related amendments to the International Convention for the Safety of Life at Sea. 
The Maritime Security Bill gives effect to those two International Maritime Organization outcomes. It establishes a maritime security framework in New Zealand to reduce the risk of security incidents such as a terrorist attack affecting port facilities and ships particularly those involved in international trade. The bill sets out the responsibilities of the Government and of port and shipping companies for maritime security. There are 146 contracting parties to the Safety of Life at Sea convention. New Zealand as one of those is required to enact legislation to put the International Maritime Organization’s new maritime security framework in place. That framework is to be implemented by 1 July 2004 the date by which New Zealand is required to meet those international treaty obligations. 
New Zealand’s economy is very highly dependent on sea-borne trade carried by foreign shipping. In fact 99 percent of New Zealand’s cargo exports and imports by weight were transported by sea in the year ended June 2002. That amounted to 85 percent of our cargo exports valued at $28 billion and 77 percent of our cargo imports worth $24 billion. In addition tourism from cruise ships and their passengers visiting New Zealand during the 2001-02 season generated $181 million in direct expenditure. Apart from the need for New Zealand to fulfil its international treaty obligations if New Zealand does not improve its maritime security the risks to tourism and trade transported by sea will increase significantly. New Zealand ports and the ships using them would become more vulnerable to the risk of a terrorist attack as other ports around the world increase their security. Our international trading partners may also refuse to allow ships travelling from New Zealand ports to enter their ports. The likely result of all that would be the withdrawal of many international shipping services from New Zealand. 
This Government is acutely aware of the need to strengthen New Zealand’s national security in the post - September 11 environment. Safeguarding New Zealand from terrorism and transnational crime and keeping our trade and tourism markets secure are absolutely fundamental. Two pieces of proposed legislation have been introduced in support of those objectives. The Border Security Bill focuses on improving the security of the global travel and trading environments while enhancing closer security relationships within the import and export supply chains. The Counter-Terrorism Bill extends existing measures and allows the Customs Service to detain property cash or cash equivalents crossing our border if there is good reason to suspect that the owner is involved in terrorism. The Maritime Security Bill complements those two pieces of legislation and is another vital component to ensure our border is well protected. 
That brings me to the detail of this bill. The provisions of the bill will apply to all New Zealand’s ports that have international trading connections and to those New Zealand ships that trade internationally. They will also apply to foreign-registered ships coming to New Zealand—specifically to international passenger ships international cargo ships over 500 gross tonnes and international mobile offshore drilling units. The bill does not apply to naval vessels pleasure craft or non-commercial vessels. It does however include a provision to give the Government the flexibility to extend all or part of the international regime to domestic passenger ships cargo and fishing ships and other port facilities should a risk be identified that warrants such precautionary measures being taken. 
The bill provides for the appointment of a designated authority to oversee the implementation of the maritime security requirements and to ensure that effective security is being maintained. The Government intends to appoint the Maritime Safety Authority as that designated authority. The main focus of the bill seeks to improve port and ship security. Putting in place preventive measures to ensure the security of ships and port facilities is essentially a risk management activity. In order to determine what security measures are appropriate the bill requires all the affected New Zealand ships and port facilities to undertake security risk assessments. Shipping companies must ensure that a security assessment is carried out by a person with the appropriate skills to evaluate the security of a ship. The bill allows for that and other functions to be carried out by a recognised security organisation. Such organisations will be independent organisations with appropriate expertise in security matters and with appropriate knowledge of ship and port operations. In the case of ports the designated authority and/or the recognised security organisation must carry out a security assessment of each port facility. The purpose of the assessment is to identify what the security risks and vulnerabilities are for that particular port or ship and to form the basis upon which to develop appropriate security plans to reduce those risks. 
The bill proposes that New Zealand ships and port facilities prepare have approved by the designated authority and then implement security plans that are based on their own security assessment. That will enable them to operate at a specified security level set by the designated authority. The level will be set at one two or three—normal a heightened threat or an extreme threat—depending on the nature of the security risk assessed at the time when a particular international ship interfaces with a New Zealand port facility. Foreign ships coming to New Zealand will have to attest to the designated authority’s satisfaction that they have valid certification on board and an appropriate ship security plan. Prior to arrival in port a foreign ship is required to provide the designated authority with evidence of the security level at which the ship is currently operating. 
The bill contains the power to undertake as and when required the screening and searching of any person or thing in a port security area the objective being to prevent the introduction of unauthorised weapons or explosive devices to ships or port facilities. The power to search and screen will be by consent of the person to be searched unless there is a need to screen or search anything left unattended in a port security area. The screening and searching powers in this bill are similar to those in the Civil Aviation Act. The bill includes regulation-making powers to enable the very detailed but mandatory provisions in both the Ship and Port Facility Security Code and the amendments to the Safety of Life at Sea convention to be implemented. 
To ensure compliance with this legislation a number of offences and penalties are proposed in the bill. They relate to breaches of the duties and responsibilities that stem from the nature of the maritime security regime agreed upon by the International Maritime Organization. 
This Government is committed to fulfilling its international security obligations including those in the fraught area of international maritime security. The bill responds to the development of an international framework to enhance maritime security. I urge members to support the bill for reasons closer to home. It will enhance the personal security of New Zealanders and will better protect New Zealand’s ports and ships from being potential terrorist targets. 
Sitting suspended from 6 p.m. to 7.30 p.m.