Maritime Crimes Act 1999

1: Short Title and commencement
1: This Act may be cited as the Maritime Crimes Act 1999.
2: This Act comes into force on 1 September 1999.
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. Section 1A inserted 27 May 2018 section 5 Maritime Crimes Amendment Act 2017
2: Interpretation
In this Act, unless the context otherwise requires,— act against a specified terrorism convention section 4(1) act of violence
a: an assault as defined in any of sections 192 193 194 194A 196 202C
b: any of the offences sections 188 189 189A 190 191 197 198 198A 198B 199 200 202 203 209 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)) that would be released by the use of the munitions or device; or
c: equipment designed for use directly in connection with the use of chemical weapons (within the meaning of paragraph (b)) continental shelf section 2(1) exclusive economic zone section 9 fixed platform 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 section 4(1) internal waters section 4 maritime navigational facilities
a: any lightship and any floating or other light exhibited for the guidance of ships:
b: any description of a fog signal not carried on a ship:
c: all marks and signs in aid of marine navigation:
d: an electronic, radio, or other aid to marine navigation not carried on board a ship master New Zealand ship Ship Registration Act 1992 non-peaceful biological agent nuclear weapon ordinarily resident in New Zealand section 4 place of public use section 4(1) 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 section 4(1) Rome Convention , 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 Rome Protocol , 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 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) ship source material special fissionable material State or government facility section 4(1) territorial sea section 3 toxic chemical
a: whatever its origin or method of production; and
b: whether it is produced in a facility, in munitions, or elsewhere transport Section 2 act against a specified terrorism convention inserted 27 May 2018 section 6(1) Maritime Crimes Amendment Act 2017 Section 2 act of violence amended 3 December 2018 section 41(1) Family Violence (Amendments) Act 2018 Section 2 act of violence amended 3 December 2018 section 41(2) Family Violence (Amendments) Act 2018 Section 2 act of violence amended 27 May 2018 section 6(2)﻿(a) Maritime Crimes Amendment Act 2017 Section 2 BCN weapon inserted 27 May 2018 section 6(1) Maritime Crimes Amendment Act 2017 Section 2 biological weapon inserted 27 May 2018 section 6(1) Maritime Crimes Amendment Act 2017 Section 2 chemical weapon inserted 27 May 2018 section 6(1) Maritime Crimes Amendment Act 2017 Section 2 enforcement officer repealed 21 May 2022 section 56 Maritime Powers Act 2022 Section 2 exclusive economic zone inserted 27 May 2018 section 6(1) Maritime Crimes Amendment Act 2017 Section 2 flag State inserted 27 May 2018 section 6(1) Maritime Crimes Amendment Act 2017 Section 2 foreign ship inserted 27 May 2018 section 6(1) Maritime Crimes Amendment Act 2017 Section 2 high seas inserted 27 May 2018 section 6(1) Maritime Crimes Amendment Act 2017 Section 2 infrastructure facility inserted 27 May 2018 section 6(1) Maritime Crimes Amendment Act 2017 Section 2 internal waters inserted 27 May 2018 section 6(1) Maritime Crimes Amendment Act 2017 Section 2 New Zealand repealed 27 May 2018 section 6(2)﻿(b) Maritime Crimes Amendment Act 2017 Section 2 non-peaceful biological agent inserted 27 May 2018 section 6(1) Maritime Crimes Amendment Act 2017 Section 2 nuclear weapon inserted 27 May 2018 section 6(1) Maritime Crimes Amendment Act 2017 Section 2 place of public use inserted 27 May 2018 section 6(1) Maritime Crimes Amendment Act 2017 Section 2 precursor inserted 27 May 2018 section 6(1) Maritime Crimes Amendment Act 2017 Section 2 public transportation system inserted 27 May 2018 section 6(1) Maritime Crimes Amendment Act 2017 Section 2 Rome Convention amended 27 May 2018 section 6(2)﻿(c) Maritime Crimes Amendment Act 2017 Section 2 Rome Protocol amended 27 May 2018 section 6(2)﻿(d) Maritime Crimes Amendment Act 2017 Section 2 scheduled to navigate repealed 27 May 2018 section 6(2)﻿(e) Maritime Crimes Amendment Act 2017 Section 2 serious injury or serious damage inserted 27 May 2018 section 6(1) Maritime Crimes Amendment Act 2017 Section 2 source material and inserted 27 May 2018 section 6(1) Maritime Crimes Amendment Act 2017 Section 2 State or government facility inserted 27 May 2018 section 6(1) Maritime Crimes Amendment Act 2017 Section 2 territorial sea inserted 27 May 2018 section 6(1) Maritime Crimes Amendment Act 2017 Section 2 toxic chemical inserted 27 May 2018 section 6(1) Maritime Crimes Amendment Act 2017 Section 2 transport inserted 27 May 2018 section 6(1) Maritime Crimes Amendment Act 2017
3: Act does not apply to certain ships
This Act does not apply in relation to—
a: a warship; or
b: a ship owned or operated by a country when being used as a naval auxiliary or for Customs or Police purposes; or
c: a ship that has been withdrawn from navigation or is laid up.
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 Section 3A inserted 27 May 2018 section 7 Maritime Crimes Amendment Act 2017
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) Section 3B inserted 27 May 2018 section 7 Maritime Crimes Amendment Act 2017
3C: Act binds the Crown
This Act binds the Crown. Section 3C inserted 27 May 2018 section 7 Maritime Crimes Amendment Act 2017 Offences Heading amended 27 May 2018 section 8 Maritime Crimes Amendment Act 2017
4: Offences
1: A person commits an offence
a: by force or by threat of force or by any other form of intimidation seizes or exercises control over a ship; or
b: on board a ship, commits an act of violence that is likely to endanger the safe navigation of the ship; or
c: destroys a ship; or
d: causes damage to a ship or the ship's cargo and that damage is likely to endanger the safe navigation of the ship; or
e: places or causes to be placed on a ship anything that is likely to destroy the ship; or
f: places or causes to be placed on a ship anything that is likely to cause damage to the ship or the ship's cargo and that damage endangers or is likely to endanger the safe navigation of the ship; or
g: destroys, seriously damages, or seriously interferes with the operation of any maritime navigational facilities, if the destruction, damage, or interference is likely to endanger the safe navigation of a ship; or
h: endangers the safe navigation of a ship by communicating to another person information which the person communicating the information knows to be false.
2:
3: A person commits an offence an offence
a: is in order to compel any other person to do or abstain from doing any act; and
b: is likely to endanger the safe navigation of the ship. Rome Convention, Art 3 Section 4 heading amended 27 May 2018 section 9(1) Maritime Crimes Amendment Act 2017 Section 4(1) amended 27 May 2018 section 9(2) Maritime Crimes Amendment Act 2017 Section 4(2) repealed 27 May 2018 section 9(3) Maritime Crimes Amendment Act 2017 Section 4(3) amended 27 May 2018 section 9(2) Maritime Crimes Amendment Act 2017 Section 4 compare note inserted 27 May 2018 section 9(4) Maritime Crimes Amendment Act 2017
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); or
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 Section 4A inserted 27 May 2018 section 10 Maritime Crimes Amendment Act 2017
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), as it relates to a nuclear weapon, or against subsection (1)﻿(d) if—
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 Section 4B inserted 27 May 2018 section 10 Maritime Crimes Amendment Act 2017
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 4B section 6 4A, or 4B
b: has committed an act against a specified terrorism convention. Rome Convention, Art 3 ter Section 4C inserted 27 May 2018 section 10 Maritime Crimes Amendment Act 2017
5: Offences
1: A person commits an offence
a: by force or by threat of force or by any other form of intimidation seizes or exercises control over a fixed platform; or
b: on board a fixed platform, commits an act of violence that is likely to endanger the safety of the platform; or
c: destroys a fixed platform; or
d: causes damage to a fixed platform and that damage is likely to endanger the safety of the platform; or
e: places or causes to be placed on a fixed platform anything that is likely to destroy the platform or to endanger the safety of the platform.
2:
3: A person commits an offence an offence
a: is in order to compel any other person to do or abstain from doing any act; and
b: is likely to endanger the safety of the platform. Rome Protocol, Art 2 Section 5 heading amended 27 May 2018 section 11(1) Maritime Crimes Amendment Act 2017 Section 5(1) amended 27 May 2018 section 11(2) Maritime Crimes Amendment Act 2017 Section 5(2) repealed 27 May 2018 section 11(3) Maritime Crimes Amendment Act 2017 Section 5(3) amended 27 May 2018 section 11(2) Maritime Crimes Amendment Act 2017 Section 5 compare note inserted 27 May 2018 section 11(4) Maritime Crimes Amendment Act 2017
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 Section 5A inserted 27 May 2018 section 12 Maritime Crimes Amendment Act 2017
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 5(1) 5A(1)
i: murder under section 167 168
ii: manslaughter under section 171
b: injures any person in connection with the commission or attempted commission of an offence against section 4(1) 4A(1) 4B(1) 4C 5(1) 5A(1)
2: For the purposes of subsection (1), an act or omission by any person occurs 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) does not limit the generality of the expression in connection with the commission or attempted commission of an offence Rome Convention, Art 3 quater ter Section 6 replaced 27 May 2018 section 13 Maritime Crimes Amendment Act 2017
7: Penalties for offences against sections 4 to 6
1: A person convicted of an offence—
a: against section 6(1)﻿(a)﻿(i) Crimes Act 1961
b: against section 6(1)﻿(a)﻿(ii) Crimes Act 1961
2: A person who commits an offence against section 4 4A 4B 5 5A 6(1)﻿(b)
3: A person who commits an offence against section 4C Section 7 replaced 27 May 2018 section 13 Maritime Crimes Amendment Act 2017 Jurisdiction and application provisions Heading replaced 27 May 2018 section 13 Maritime Crimes Amendment Act 2017
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), an offence is deemed to be committed against or on board a ship or a fixed platform if any act or omission forming part of the offence, or any event necessary to the completion of the offence, occurs against or on board the ship or the fixed platform.
3: Subsection (2) does not limit or affect section 7 Rome Convention, Art 6; Rome Protocol, Art 3 Section 8 replaced 27 May 2018 section 13 Maritime Crimes Amendment Act 2017
9: Extra-territorial jurisdiction in respect of crimes relating to fixed platforms
Section 9 repealed 27 May 2018 section 13 Maritime Crimes Amendment Act 2017
10: Application of Crimes Act 1961
1: The following sections of the Crimes Act 1961 offences described in sections 4 to 6
a: section 8
b: section 92
c: section 400
2: Except for subsection (1), this Act does not limit the Crimes Act 1961 Section 10(1) amended 27 May 2018 section 14 Maritime Crimes Amendment Act 2017 Enforcement officers’ powers Heading repealed 21 May 2022 section 57 Maritime Powers Act 2022
10A: Exercise of enforcement officers’ powers in relation to ships
Section 10A repealed 21 May 2022 section 57 Maritime Powers Act 2022
10B: Powers to board and search ship
Section 10B repealed 21 May 2022 section 57 Maritime Powers Act 2022
10C: Enforcement officers’ powers in relation to fixed platforms
Section 10C repealed 21 May 2022 section 57 Maritime Powers Act 2022
10D: Power of arrest
Section 10D repealed 21 May 2022 section 57 Maritime Powers Act 2022
10E: Use of force
Section 10E repealed 21 May 2022 section 57 Maritime Powers Act 2022
10F: Offence to obstruct or to fail to comply
Section 10F repealed 21 May 2022 section 57 Maritime Powers Act 2022
10G: Enforcement officers designated
Section 10G repealed 21 May 2022 section 57 Maritime Powers Act 2022 Powers of masters
11: Master may deliver alleged offender to appropriate authorities
1: A master of a New Zealand ship may deliver to the appropriate authorities of a country that is a party to the Rome Convention any person whom the master has reasonable grounds to believe has committed an offence against any of sections 4 to 4C section 6
2: A master who intends to deliver a person under subsection (1) must notify the appropriate authorities of the country of—
a: his or her intention to deliver the person to those authorities; and
b: his or her reasons for intending to do so.
3: A notification under subsection (2) must be given,—
a: if it is reasonably practicable to do so, before the ship enters the territorial sea of the country; or
b: in any other case, as soon as is reasonably practicable.
4: If a master delivers a person under subsection (1), the master must give to the authorities of the country any evidence relating to the alleged offence
5: A master commits an offence who fails, without reasonable excuse, to comply with subsection (2) or subsection (3).
6: A master who commits an offence against subsection (5) is liable on Rome Convention, Art 8 Section 11(1) amended 27 May 2018 section 16(1) Maritime Crimes Amendment Act 2017 Section 11(4) amended 27 May 2018 section 16(2) Maritime Crimes Amendment Act 2017 Section 11(6) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 11 compare note inserted 27 May 2018 section 16(3) Maritime Crimes Amendment Act 2017
12: Power to search persons and baggage on ships
1: This section applies if, because of the distance from land or for any other reason, it is impractical for the master of a ship to obtain, within a reasonable time, the assistance of a constable
2: If a master of a ship has reasonable grounds to believe that an offence
a: search a person on board the ship who the master or the other person conducting the search has reasonable grounds to believe has committed or is committing or is likely to commit an offence
b: search the baggage of a person who is searched under paragraph (a):
c: search any baggage that the master or the other person who is conducting the search has reasonable grounds to believe contains any article that has been used or could be used to effect or facilitate the commission of an offence
3: The person who conducts the search may take possession of any article found during the search that has been used or could be used to effect or facilitate the commission of an offence
4: If an article is seized under this section, it must be dealt with—
a: in accordance with section 11(4)
b: by giving it to a Police employee
c: by returning the article to its owner if the master of the ship considers that the article has not been used and is not or is not likely to be used to effect or facilitate the commission of an offence Section 12(1) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 12(2) amended 27 May 2018 section 17 Maritime Crimes Amendment Act 2017 Section 12(2)﻿(a) amended 27 May 2018 section 17 Maritime Crimes Amendment Act 2017 Section 12(2)﻿(c) amended 27 May 2018 section 17 Maritime Crimes Amendment Act 2017 Section 12(3) amended 27 May 2018 section 17 Maritime Crimes Amendment Act 2017 Section 12(4)﻿(b) amended 1 October 2008 section 130(1) Policing Act 2008 Section 12(4)﻿(c) amended 27 May 2018 section 17 Maritime Crimes Amendment Act 2017 Extradition of offenders
13: Definitions relating to extradition provisions
For the purposes of sections 14 to 16 country offence
a: an attempt to commit that offence
b: aiding, abetting, inciting, counselling, or procuring a person to commit that offence
c: inciting, counselling, or attempting to procure a person to commit that offence
d: being an accessory after the fact to that offence Section 13 crime repealed 27 May 2018 section 18 Maritime Crimes Amendment Act 2017 Section 13 offence inserted 27 May 2018 section 18 Maritime Crimes Amendment Act 2017
14: Offences
1: For the purposes of the Extradition Act 1999 section 15 section 40 section 104 offence described in any of sections 4 to 6
2: Despite subsection (1), no person is liable to be surrendered under the Extradition Act 1999 Rome Convention, Art 8 Section 14 heading amended 27 May 2018 section 19(1) Maritime Crimes Amendment Act 2017 Section 14(1) amended 27 May 2018 section 19(2) Maritime Crimes Amendment Act 2017 Section 14 compare note inserted 27 May 2018 section 19(3) Maritime Crimes Amendment Act 2017
15: Restriction on surrender
1: If the surrender of a person is sought in respect of any act or omission that amounts to an offence described in any of sections 4 to 6
a: the right to communicate, without delay, with the nearest appropriate representative of the country of which that person is a citizen or is habitually resident; and
b: the right to be visited by a representative of the country referred to in paragraph (a).
2: To avoid doubt, section 99 an offence described in any of sections 4 to 6
3: If—
a: 2 or more countries request the surrender of a person under the Extradition Act 1999 an offence described in any of sections 4 to 4C section 6 sections 4 to 4C
b: those countries are parties to the Rome Convention; and
c: the ship in respect of which the act or omission relates was flying the flag of one of those countries when the alleged offence then the Minister of Justice must, in addition to the matters specified in section 99(2)
4: This section does not limit any other considerations that the Minister of Justice or a court may take into account when considering whether or not to order the surrender of a person. Section 15(1) amended 27 May 2018 section 20(1) Maritime Crimes Amendment Act 2017 Section 15(2) amended 27 May 2018 section 20(1) Maritime Crimes Amendment Act 2017 Section 15(3)﻿(a) amended 27 May 2018 section 20(2) Maritime Crimes Amendment Act 2017 Section 15(3)﻿(c) amended 27 May 2018 section 20(3) Maritime Crimes Amendment Act 2017
16: Certification of country as party to Rome Convention or Rome Protocol
A certificate given by the Minister of Foreign Affairs and Trade for the purposes of section 14 Miscellaneous provisions
17: Attorney-General's consent required for prosecutions
1: No proceedings for the trial and punishment of a person charged with an offence against any of sections 4 to 6
2: However, a person charged with an offence against any of sections 4 to 6 Section 17(1) amended 27 May 2018 section 21 Maritime Crimes Amendment Act 2017 Section 17(2) amended 27 May 2018 section 21 Maritime Crimes Amendment Act 2017
18: Certification of ships in military service
A certificate given by the Minister of Foreign Affairs and Trade for the purposes of this Act that any ship is or is not a warship or a ship owned or operated by a country being used as a naval auxiliary is, in the absence of evidence to the contrary, sufficient proof of that fact.
19: Immigration Act 2009 not limited
This Act does not limit the Immigration Act 2009 Section 19 substituted 29 November 2010 section 406(1) Immigration Act 2009
20: Application to Tokelau
1: Subject to subsections (2) and (3), this Act is in force in Tokelau.
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
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 Section 20 inserted 27 May 2018 section 22 Maritime Crimes Amendment Act 2017