Maritime Powers Extension Act 2018

1: Title
This Act is the Maritime Powers Extension Act 2018.
2: Commencement
This Act comes into force on 1 October 2018
1: Main amendments to Customs and Excise Act 2018 and Misuse of Drugs Act 1975
1: Amendments to Customs and Excise Act 2018
3: Amendments to Customs and Excise Act 2018
This subpart amends the Customs and Excise Act 2018 2018-10-01 Customs and Excise Act 2018
4: New section 267A and cross-heading inserted
After section 267 Drugs smuggling outside New Zealand, etc
267A: Powers for dealing with drugs smuggling outside New Zealand, etc
1: Schedule 5A
2: The purpose of Schedule 5A
a: article 108 of the United Nations Convention on the Law of the Sea:
b: article 17 of the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances.
5: New Schedule 5A inserted
After Schedule 5 Schedule 5A Schedule
2: Amendment to Misuse of Drugs Act 1975
6: Amendment to Misuse of Drugs Act 1975
This subpart amends the Misuse of Drugs Act 1975 2018-10-01 Misuse of Drugs Act 1975
7: New sections 12D to 12F inserted
After section 12C
12D: Drugs smuggling outside New Zealand, etc: application of sections 12E and 12F, supplementary provisions, and definitions
Application of sections 12E and 12F
1: Sections 12E and 12F
a: New Zealand’s exclusive economic zone:
b: the high seas:
c: the exclusive economic zone of another State. Supplementary provisions relating to offences under sections 12E and 12F
2: For the purposes of sections 12E(1)﻿(b) and (2)﻿(d) and 12F(1)﻿(b) and (2)﻿(d)
a: the other person is not on a ship to which section 12E or 12F
b: D does not know the other person’s identity:
c: D does not know of the other person’s intention to import the controlled drugs or prohibited equipment or material into New Zealand.
3: For the purposes of sections 12E(2)﻿(a) and 12F(2)﻿(a)
4: For the purposes of sections 12E(3)﻿(b) and (4)﻿(a) and 12F(3)﻿(b) and (4)﻿(a)
a: the other person is not on a ship to which section 12E or 12F
b: D does not know the other person’s identity:
c: D does not know of the exportation of, or of the other person’s intention to export, the controlled drugs or prohibited equipment or material from New Zealand.
5: For the purposes of sections 12E and 12F
6: Section 28A applies to proceedings for an offence under section 12E or 12F
7: Section 29C does not apply to an offence under section 12E or 12F Definitions
8: In this section and sections 12E and 12F exclusive economic zone high seas
a: the internal waters, territorial sea, or exclusive economic zone of New Zealand or another State; or
b: the archipelagic waters of an archipelagic State prohibited equipment or material
a: a precursor substance; or
b: any equipment or material, other than a precursor substance, that is capable of being used in, or for, the commission of an offence under section 6(1)﻿(b) ship
12E: Drugs smuggling outside New Zealand, etc: controlled drugs
Offences
1: A person ( D
a: there are controlled drugs on the ship and—
i: the controlled drugs are in D’s possession; or
ii: D is knowingly concerned in the transportation, holding, or handling of the controlled drugs on the ship; and
b: D or another person intends to import those controlled drugs into New Zealand; and
c: the importation would (if completed) be an offence under section 6(1)﻿(a).
2: A person ( D D’s ship
a: there are controlled drugs on another ship to which this section applies; and
b: there is an arrangement for moving those controlled drugs onto D’s ship; and
c: D knowingly—
i: takes steps to implement, or to facilitate the implementation of, the arrangement; or
ii: makes preparations for the arrival of those controlled drugs onto D’s ship; and
d: D or another person intends to import those controlled drugs into New Zealand; and
e: the importation would (if completed) be an offence under section 6(1)﻿(a).
3: A person ( D
a: there are controlled drugs on the ship and—
i: the controlled drugs are in D’s possession; or
ii: D is knowingly concerned in the transportation, holding, or handling of the controlled drugs on the ship; and
b: another person exported those controlled drugs from New Zealand; and
c: the exportation was an offence under section 6(1)﻿(a).
4: A person ( D D’s ship
a: another person intends to export, or has exported, controlled drugs from New Zealand; and
b: the exportation would (if completed) be, or was, an offence under section 6(1)﻿(a); and
c: there is an arrangement for moving those controlled drugs onto D’s ship; and
d: D knowingly—
i: takes steps to implement, or to facilitate the implementation of, the arrangement; or
ii: makes preparations for the arrival of those controlled drugs onto D’s ship. Penalty
5: A person who commits an offence under this section is liable on conviction in accordance with section 6(2)﻿(a) to (c). Defence
6: It is a defence to a prosecution for an offence under subsection (1) or (3) D
a: as the case may be, that—
i: D was in possession of the controlled drugs solely for the purpose of preventing their use or trafficking:
ii: D was knowingly concerned in the transportation, holding, or handling of the controlled drugs solely for the purpose of preventing their use or trafficking; and
b: that, as soon as possible after D became aware that the controlled drugs were on the ship,—
i: D took all reasonable steps to inform the person in charge of the ship that the controlled drugs were on the ship; or
ii: if D was the person in charge of the ship, D took all reasonable steps to inform at least 1 of the following that the controlled drugs were on the ship:
A: a representative of the company operating the ship (other than a representative who was on the ship):
B: an appropriate governmental authority at the port that, at the time D became aware that the controlled drugs were on the ship, was the next intended port of arrival for the ship.
12F: Drugs smuggling outside New Zealand, etc: prohibited equipment or material
Offences
1: A person ( D
a: there is prohibited equipment or material on the ship and—
i: the prohibited equipment or material is in D’s possession; or
ii: D is knowingly concerned in the transportation, holding, or handling of the prohibited equipment or material on the ship; and
b: D or another person intends to import that prohibited equipment or material into New Zealand; and
c: D or the other person (as the case may be) knows that, if the importation is completed, that prohibited equipment or material will be used in New Zealand to commit an offence under section 6(1)﻿(b).
2: A person ( D D’s ship
a: there is prohibited equipment or material on another ship to which this section applies; and
b: there is an arrangement for moving that prohibited equipment or material onto D’s ship; and
c: D knowingly—
i: takes steps to implement, or to facilitate the implementation of, the arrangement; or
ii: makes preparations for the arrival of that prohibited equipment or material onto D’s ship; and
d: D or another person intends to import that prohibited equipment or material into New Zealand; and
e: D or the other person (as the case may be) knows that, if the importation is completed, that prohibited equipment or material will be used in New Zealand to commit an offence under section 6(1)﻿(b).
3: A person ( D
a: there is prohibited equipment or material on the ship and—
i: the prohibited equipment or material is in D’s possession; or
ii: D is knowingly concerned in the transportation, holding, or handling of the prohibited equipment or material on the ship; and
b: another person exported that prohibited equipment or material from New Zealand knowing that it will be used to commit an offence under a provision of the law of the country to which it is being exported that corresponds to an offence under section 6(1)﻿(b).
4: A person ( D D’s ship
a: another person intends to export, or has exported, prohibited equipment or material from New Zealand knowing that it will be used to commit an offence under a provision of the law of the country to which it would be, or is being, exported that corresponds to an offence under section 6(1)﻿(b); and
b: there is an arrangement for moving that prohibited equipment or material onto D’s ship; and
c: D knowingly—
i: takes steps to implement, or to facilitate the implementation of, the arrangement; or
ii: makes preparations for the arrival of that prohibited equipment or material onto D’s ship. Penalty
5: A person who commits an offence under this section is liable on conviction to imprisonment for a term not exceeding 7 years. Defence
6: It is a defence to a prosecution for an offence under subsection (1) or (3) D
a: as the case may be, that—
i: D was in possession of the prohibited equipment or material solely for the purpose of preventing its use or trafficking:
ii: D was knowingly concerned in the transportation, holding, or handling of the prohibited equipment or material solely for the purpose of preventing its use or trafficking; and
b: that, as soon as possible after D became aware that the prohibited equipment or material was on the ship,—
i: D took all reasonable steps to inform the person in charge of the ship that the prohibited equipment or material was on the ship; or
ii: if D was the person in charge of the ship, D took all reasonable steps to inform at least 1 of the following that the prohibited equipment or material was on the ship:
A: a representative of the company operating the ship (other than a representative who was on the ship):
B: an appropriate governmental authority at the port that, at the time D became aware that the prohibited equipment or material was on the ship, was the next intended port of arrival for the ship.
2: Consequential and related amendments
1: Amendments to Customs and Excise Act 2018
8: Amendments to Customs and Excise Act 2018
This subpart amends the Customs and Excise Act 2018 2018-10-01 Customs and Excise Act 2018
9: Section 4 amended (Overview of Act)
In section 4(5) Part 4 (including Schedule 5A
10: Section 176 amended (Goods forfeited)
After section 176(1)﻿(u)
v: a ship treated as forfeited under clause 8(3) of Schedule 5A
11: Section 199 amended (Detention of craft suspected to be involved in offences or smuggling migrants)
Replace section 199(2) and (3)
2: A Customs officer—
a: may detain the craft at the place where it is:
b: may also direct—
i: that the craft proceed to the nearest Customs place or to any other place that the officer considers appropriate; and
ii: that the craft’s detention continue during the craft’s journey to that place, and at that place once the craft arrives there.
2A: A power in subsection (2)
2B: If a direction is given under subsection (2)﻿(b)
a: direct any person on the craft to take any specified action:
b: take charge of the craft:
c: arrange for the craft to be towed by another craft.
3: Subsection (4) applies if the person in charge of the craft attempts, or threatens, to cause the craft to depart, without a certificate of clearance, from a place where it is detained under subsection (2)
2: Amendments to Misuse of Drugs Act 1975
12: Amendments to Misuse of Drugs Act 1975
This subpart amends the Misuse of Drugs Act 1975 2018-10-01 Misuse of Drugs Act 1975
13: Section 28A amended (Consent of Attorney-General required in proceedings under section 12C)
1: In the heading to section 28A 12C , 12E, or 12F
2: In section 28A(1) and (2) 12C , 12E, or 12F
14: Section 29 amended (Mistake as to nature of controlled drug or precursor substance)
In section 29 section 12AC or section 12E or section 12F
15: Section 35A amended (Further provision on crimes to be treated as included in extradition treaties)
In section 35A(1) and 12C 12C, 12E 12F
16: Section 35C amended (Restrictions on surrender of offenders)
In section 35C(1) and 12C 12C, 12E 12F
3: Amendment to Search and Surveillance Act 2012
17: Amendment to Search and Surveillance Act 2012
This subpart amends the Search and Surveillance Act 2012 2018-10-01 Search and Surveillance Act 2012
18: Schedule amended
In the Schedule, after the item relating to section 243 The following table is medium in size and has 4 columns. This table is an amendment to the table in the Schedule of the Search and Surveillance Act 2012 and should be read with that table to provide understanding of the context. clause 9(2) to (5) of Schedule 5A Customs officer may exercise search powers in dealing with drugs smuggling outside New Zealand, etc Subparts 1, 2, and 4 to 10 (except that sections 125(4), 131(5)﻿(f), and 133 and subparts 6 and 8 do not apply to forfeited goods)