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4: Long Title repealed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