Maritime Powers Act 2022

1: Title
This Act is the Maritime Powers Act 2022.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
1: Preliminary provisions
3: Purpose
The purpose of this Act is to—
a: provide clear powers for the enforcement of New Zealand’s criminal law in international waters; and
b: uphold New Zealand’s rights and obligations under international law, particularly the United Nations Convention on the Law of the Sea, consistent with international human rights law.
4: Interpretation
1: In this Act, unless the context otherwise requires,— Armed Forces section 2(1) biometric information
a: 1 or more of the following kinds of information:
i: a photograph of all or any part of the person’s head and shoulders:
ii: impressions of the person’s fingerprints:
iii: a scan of the person’s irises; and
b: a record, whether physical or electronic, of the personal information that is capable of being used for biometric matching coastal State section 14(a) constable section 4 contiguous zone section 8A continental shelf section 2(1) Crown entity section 7(1) Customs officer section 5(1) Customs place section 5(1) enforcement officer
a: a constable:
b: a Customs officer:
c: a member of the Armed Forces:
d: an Endangered Species Officer within the meaning of section 35(1) section 35(2)
e: a ranger appointed under section 38(1)
f: a warranted officer appointed under section 59(1) exclusive economic zone section 9 extraterritorial offence section 5 flag State foreign ship
a: that is not a New Zealand ship; and
b: that—
i: is registered in a State other than New Zealand; or
ii: is entitled to fly the flag, or to display the marks of registry, of a State other than New Zealand foreign waters 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 internal waters section 4 international waters New Zealand section 3 New Zealand ship section 2 person in charge of the ship person in charge of a ship personal information section 7(1) presence requirement
a: is present in New Zealand; or
b: has been found in New Zealand and has not been extradited; or
c: arrives in New Zealand on board a ship in the course or at the end of a journey during which the act or omission that is an offence against New Zealand law was done or omitted pursued without interruption section 6 ship section 2 ship without nationality
a: is not registered in, or otherwise entitled to fly the flag or display the marks of registry of, any State; or
b: sails under the flags of 2 or more States or relevant territories, or under the flags of a State and a relevant territory, using them according to convenience specified offence territorial sea section 3 unique identifier Search and Surveillance Act 2012
2: For the purposes of this Act, a ship is involved in an extraterritorial offence
a: an extraterritorial offence has been, is being, or will be committed on the ship; or
b: the ship has been, is, or is likely to be otherwise involved in the commission, or in facilitating the commission, of an extraterritorial offence.
5: Meaning of extraterritorial offence
1: In this Act, extraterritorial offence
a: an act or omission done by the person outside New Zealand or in any particular place outside New Zealand for which the person is liable on conviction under New Zealand law to imprisonment for life or to 2 or more years’ imprisonment; or
b: an offence against New Zealand law for which the person is liable on conviction to imprisonment for life or to 2 or more years’ imprisonment because of an enactment providing that an act or omission of the person or any other person that occurred outside New Zealand is deemed to have occurred in New Zealand. Examples
Example 1 Proceedings may be brought in New Zealand against a New Zealand citizen for acts or omissions outside New Zealand that constitute the offence of migrant smuggling under section 98C section 98D see section 7A Example 2 A New Zealand citizen may be liable for an act done or omitted outside New Zealand that, if done or omitted in New Zealand, would be the offence of dealing with controlled drugs under section 6 see section 12C Example 3 A person may be convicted of piracy under section 92 Example 4 A person may be liable for an act done or omitted on board a New Zealand ship outside New Zealand that, if done or omitted in New Zealand, would be an offence punishable by 2 or more years’ imprisonment ( see section 8 Effect of presence requirement
2: For the purpose of exercising powers under this Act, an offence that has a presence requirement in relation to a person may be treated as an extraterritorial offence under subsection (1) Effect of requirement for flag State consent for extraterritorial jurisdiction
3: If an enactment other than this Act has the effect that an act or omission done outside New Zealand by a person is an extraterritorial offence as described in subsection (1)
a: the requirement for the consent of the flag State may be satisfied under this Act; and
b: if that requirement is satisfied under this Act, it is treated as having been satisfied at all times in relation to the other enactment.
6: Meaning of pursued without interruption
1: A ship is pursued without interruption
a: the person in charge of the ship is required by an enforcement officer, or other person having lawful authority to do so, to stop the ship or facilitate boarding of the ship; and
b: the enforcement officer or other person communicates the requirement by the giving of a visual or an auditory signal to stop (which, without limitation, may consist of hailing the ship by radio) using reasonable efforts to ensure that the person in charge of the ship understands and is aware of the communication; and
c: the requirement is not complied with; and
d: the ship is pursued from that place; and
e: the pursuit is not interrupted.
2: A requirement communicated in accordance with subsection (1)﻿(b)
3: For the purpose of subsection (1)﻿(e)
a: it is continued by an enforcement officer, or other person having lawful authority to do so, other than the person who communicated the requirement referred to in subsection (1)﻿(a)
b: it is begun, or taken over, by a ship or an aircraft (including a ship or an aircraft of another State) other than the ship or aircraft from which the requirement was communicated; or
c: if the pursuit is continued by a ship or aircraft of another State, there is no enforcement officer on board the ship or aircraft; or
d: the ship being pursued is out of sight of any or all of the enforcement officers, or officers of a foreign State, involved in the pursuit; or
e: the ship cannot be tracked by radio, radar, satellite, sonar, or any other remote means.
7: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1
8: Act binds the Crown
This Act binds the Crown.
9: Act does not limit other functions, duties, or powers
1: Unless otherwise provided in this Act, this Act does not limit or affect the functions, duties, or powers of any person under any other enactment or rule of law.
2: Without limiting subsection (1)
a: limits powers exercisable in accordance with New Zealand’s rights and obligations under international law under any enactment or otherwise in internal waters, the territorial sea, the contiguous zone, the exclusive economic zone, the high seas, or with respect to the continental shelf; or
b: extinguishes any power or authority exercisable by virtue of the prerogative of the Crown.
10: Immunities of warships, etc, not affected
Nothing in this Act limits the immunities of the following:
a: any foreign warship:
b: any other foreign governmental ship operated for non-commercial purposes:
c: any foreign military aircraft:
d: members of the crew of a ship or an aircraft to which any of paragraphs (a) to (c)
2: Powers
Geographical application of powers in this Part
11: Geographical application of powers in this Part
1: This Act applies to any ship that is in any of the following:
a: international waters:
b: foreign waters.
2: This section is subject to section 33 Restriction on exercise of powers in relation to foreign ship
12: Restriction on exercise of powers in relation to foreign ship
1: In relation to a foreign ship, the powers under this Act are exercisable—
a: only if, and to the extent that, the flag State has consented to the exercise of the powers; and
b: subject to any conditions that the flag State attaches to its consent.
2: Consent is not required under subsection (1)
a: in respect of an offence dealt with in—
i: sections 92 to 97
ii: section 98
b: in the exclusive economic zone in respect of an offence against—
i: the Marine Mammals Protection Act 1978
ii: the Wildlife Act 1953
c: after a ship has been pursued without interruption from New Zealand in respect of a contravention of New Zealand law; or
d: after a ship has been pursued without interruption from within the contiguous zone to investigate or prevent a contravention of New Zealand’s customs, fiscal, immigration, or sanitary laws in New Zealand; or
e: after a ship has been pursued without interruption from within the exclusive economic zone to investigate or prevent an offence against—
i: the Marine Mammals Protection Act 1978
ii: the Wildlife Act 1953
f: after a ship has been pursued without interruption from the sea above the continental shelf in respect of a contravention of New Zealand law over which New Zealand has jurisdiction under section 7(1)
3: For the purpose of subsection (2)﻿(c)
a: that ship and 1 or more other ships are working as a team in relation to any matter that forms grounds for the exercise of powers under this Act; and
b: at least 1 of the ships is in New Zealand at the time the pursuit begins.
4: For the purpose of subsection (2)﻿(d)
a: 2 or more ships are working as a team in relation to any matter that forms grounds for the exercise of powers under this Act; and
b: at least 1 of the ships is within the contiguous zone at the time the pursuit begins.
5: For the purpose of subsection (2)﻿(e)
a: 2 or more ships are working as a team in relation to any matter that forms grounds for the exercise of powers under this Act; and
b: at least 1 of the ships is within the exclusive economic zone at the time the pursuit begins.
6: For the purpose of subsection (2)﻿(f)
a: 2 or more ships are working as a team in relation to any matter that forms grounds for the exercise of powers under this Act; and
b: at least 1 of the ships is in the sea above the continental shelf at the time the pursuit begins. Exercise of powers to verify nationality of ship
13: Power to verify nationality of ship without consent of flag State
1: This section applies in relation to a ship that an enforcement officer suspects on reasonable grounds is a ship without nationality.
2: An enforcement officer may exercise the powers described in section 16(2)
3: If, after exercising all or any of the powers described in section 16(2) section 12 Restriction on exercise of powers in foreign waters
14: Restriction on exercise of powers in foreign waters
The powers under this Act may be exercised in foreign waters—
a: only if, and to the extent that, the State in whose waters the powers would be exercised has consented to the exercise of the powers; and
b: subject to any conditions that the State attaches to its consent. Effect of requirement for Attorney-General to consent to prosecution on exercise of powers
15: Effect of requirement for Attorney-General to consent to prosecution on exercise of powers
If an enactment provides that proceedings may be brought against a person for an extraterritorial offence only with the consent of the Attorney-General, powers may be exercised under this Act even before that consent has been sought or obtained. Grounds for exercising powers
16: Grounds for exercising powers
1: An enforcement officer may exercise the powers in this Part only if—
a: the enforcement officer—
i: has reasonable grounds to suspect that a person has committed, is committing, or will commit an offence that is an extraterritorial offence; and
ii: has reasonable grounds to believe that the person is on a ship; or
b: the enforcement officer has reasonable grounds to believe there is evidence on a ship of the commission of an extraterritorial offence; or
c: the enforcement officer has reasonable grounds to suspect a ship is involved in an extraterritorial offence; or
d: the enforcement officer —
i: has reasonable grounds to suspect that a person has committed a specified offence in New Zealand; and
ii: has reasonable grounds to believe that the person is on a ship; or
e: the enforcement officer has reasonable grounds to believe that there is evidence on a ship of the commission of a specified offence in New Zealand.
2: Despite subsection (1) sections 17 18, 20(2)
3: If, after exercising all or any of the powers described in subsection (2)
4: No warrant is needed for the exercise of powers under this Part. Powers
17: Stopping
1: An enforcement officer may require the person in charge of a ship to stop the ship.
2: The enforcement officer must communicate the requirement by the giving of a visual or an auditory signal to stop (which, without limitation, may consist of hailing the ship by radio) using reasonable efforts to ensure that the person in charge of the ship understands and is aware of the communication.
3: A requirement communicated in accordance with subsection (2)
4: If the person in charge of the ship does not comply with a requirement under subsection (1)
a: chase the ship:
b: if the ship continues to fail to stop, do 1 or more of the following:
i: use any reasonable means to obstruct the passage of the ship:
ii: use any reasonable means to halt or slow the passage of the ship, including by fouling the propellers of the ship:
iii: 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.
5: When exercising powers under this section, an enforcement officer must have regard to—
a: the safety and welfare of those on board the ship that is being stopped; and
b: the safety and welfare of those on board the pursuing ship; and
c: the protection of the marine environment.
18: Boarding
1: An enforcement officer may board a ship.
2: An enforcement officer may require the person in charge of a ship to take reasonable steps to facilitate the boarding of the ship.
3: The requirement may be communicated by any reasonable means.
19: Requirement to identify
An enforcement officer who exercises the power to board a ship or, if more than 1 enforcement officer boards the ship, the enforcement officer in charge of the boarding of the ship must, before or after boarding the ship,—
a: identify himself or herself to the person in charge of the ship, either by name or by unique identifier; and
b: state that the power to board the ship is being exercised under this Act and the reason for it unless it is impracticable to do so in the circumstances; and
c: if the enforcement officer is not in uniform, produce evidence of the officer’s identity.
20: Searching
1: An enforcement officer may—
a: search a ship for a person who the enforcement officer has reasonable grounds to suspect has committed, is committing, or will commit an extraterritorial offence:
b: search a ship and any person on the ship for evidence that an extraterritorial offence has been committed, is being committed, or will be committed:
c: search a ship for a person who the enforcement officer has reasonable grounds to suspect has committed a specified offence in New Zealand:
d: search a ship and any person on the ship for evidence of the commission of a specified offence in New Zealand.
2: If an enforcement officer suspects on reasonable grounds that a ship is a ship without nationality, an enforcement officer may search the ship for any evidence relevant to the nationality of the ship.
3: For the purpose of subsections (1) and (2)
4: Subparts 1 4 section 121 subparts 5 6 section 160 Part 4
5: Subsection (3) Search and Surveillance Act 2012 subsection (4)
6: The power to search a person or thing under this section may be exercised on the ship or elsewhere.
21: Internal search of person
1: In the circumstances set out in subsection (2)
a: an X-ray machine or other similar device; or
b: a manual or visual examination (whether or not facilitated by any instrument or device) through any body orifice.
2: The circumstances are that—
a: the person is under arrest for an offence against section 6 11 12C 12E 12F
b: the enforcement officer has reasonable grounds to believe that the person has secreted within his or her body any property—
i: that may be evidence of the offence with which the person is charged; or
ii: the possession of which by the person constitutes any other offence against section 6 11 12C 12E 12F
3: A medical practitioner must not conduct an internal examination if he or she—
a: considers that to do so may be prejudicial to the person’s health; or
b: is satisfied that the person is not prepared to permit an internal examination to be conducted.
4: The power under this section may be exercised on the ship or elsewhere.
22: Requiring production of document or other thing
1: An enforcement officer may require a person on board a ship to produce any document or other thing.
2: If anything required to be produced under subsection (1)
3: Section 60 subsection (1)
23: Detention of ship
1: A power in subsection (2)
2: An enforcement officer—
a: may detain the ship at the place where it is stopped under section 17
b: may direct—
i: that the ship proceed to the nearest Customs place or to any other place (in New Zealand or elsewhere) that the officer considers appropriate; and
ii: that the ship’s detention continue during the ship’s journey to that place, and at that place once the ship arrives there.
3: If a direction is given under subsection (2)﻿(b)
a: direct any person on the ship to take any specified action:
b: take charge of the ship:
c: arrange for the ship to be towed by another ship.
4: If a ship is detained under this section, an enforcement officer must give written notice of the detention to the person in charge of the ship.
5: The notice must state that the ship is to be detained until the notice is withdrawn by the giving of a further written notice by an enforcement officer.
24: Powers in relation to persons on detained ship
1: This section applies to a person—
a: on a ship detained under section 23
b: who an enforcement officer reasonably suspects was on the ship when it was detained; or
c: present near the ship, who an enforcement officer reasonably suspects was on the ship before it was detained.
2: The person is detained under this section until this section ceases to apply to the person in accordance with subsection (5)
3: An enforcement officer may take 1 or more of the actions in subsection (4)
a: it is necessary to do so to facilitate the conduct of a search; or
b: it is necessary to mitigate a risk to the safety of any person (including an enforcement officer) on board a ship; or
c: it is necessary to avoid evidence being destroyed, concealed, altered, damaged, or removed; or
d: there is no other reasonably practicable option in the circumstances, given the nature of the powers being exercised; or
e: it is necessary to protect the health of any person or public health in New Zealand or elsewhere.
4: The enforcement officer may—
a: require the person to supply the person’s—
i: full legal name and any other name by which they are commonly known; and
ii: date of birth; and
iii: residential address; and
iv: nationality; or
b: require the person to remain in the ship or in a particular place on the ship; or
c: transfer the person to another ship; or
d: return the person to the ship.
5: This section ceases to apply to a person when the earliest of the following occurs:
a: if the person is on the ship referred to in subsection (1)
b: if the person is not, or is no longer, on the ship referred to in subsection (1)
i: enable the powers in this Part to be exercised in relation to the person; or
ii: bring the person to a place of safety:
c: the person is arrested under this Part.
6: Subsection (5)
7: Nothing in this section limits section 116
25: Power of arrest
1: An enforcement officer may arrest a person if the enforcement officer has reasonable grounds to believe that the person—
a: is committing or has committed an extraterritorial offence; or
b: has committed a specified offence in New Zealand.
2: If an enforcement officer who is not a constable arrests a person under this section, the enforcement officer must, as soon as practicable after the person arrested arrives in the internal waters of New Zealand or reaches land in New Zealand (unless the person is sooner released), deliver the arrested person into the custody of a constable.
3: Nothing in this section limits the application of section 315 of the Crimes Act 1961.
26: Power to execute warrant of arrest
1: An enforcement officer who is a constable may execute a warrant of arrest that is in force under New Zealand law for a failure to appear in court, or a failure to answer bail, in respect of a charge for—
a: an extraterritorial offence; or
b: a specified offence alleged to have been committed in New Zealand.
2: In executing the warrant, the enforcement officer must comply with any requirements in the warrant that would have to be complied with by a person executing the warrant if it were executed in New Zealand.
3: The requirement in section 316(5)
4: Nothing in this section limits the power in section 25
27: Application of certain provisions in relation to power of arrest
1: The following provisions apply in relation to the use of the power of arrest under this Part:
a: sections 30 to 41 316(1)
b: sections 82 85 to 88
2: The provisions specified in subsection (1)
3: The requirement in section 316(5)
28: Lifting person or thing from the sea
An enforcement officer may for any purpose connected with the exercise of powers under this Part cause a person or thing to be lifted from the sea.
29: Requiring biometric information
1: The following persons may be required by an enforcement officer to allow any biometric information to be taken for 1 or more of the purposes in subsection (2)
a: a person who is detained under section 24
b: a person who has been arrested under section 25
2: Biometric information may be taken and used to establish or verify the identity of the person referred to in subsection (1) Other provisions concerning powers under this Part
30: Use of force
An enforcement officer may use reasonable force for the purpose of exercising a power under this Part.
31: No interference with communication with flag State
If a ship is a foreign ship, an enforcement officer must not interfere with any attempt by the person in charge of the ship to communicate with the authorities of the flag State at any time while powers under this Part are being exercised.
32: Disposal of unlawful items
1: This section applies if an enforcement officer finds on board a ship any item the enforcement officer believes on reasonable grounds is an item—
a: the possession of which is unlawful under New Zealand law; or
b: the importation or exportation of which, or trade in which, is unlawful under New Zealand law.
2: The item is forfeited to the Crown and must be seized by an enforcement officer and dealt with in accordance with this section.
3: The enforcement officer may, subject to any requirement of the Biosecurity Act 1993
4: Despite subsection (3)
a: hold the specimen on board the ship pending an assessment by an inspector under the Biosecurity Act 1993; or
b: deliver the specimen to an inspector.
5: If an inspector removes or is delivered a specimen in accordance with subsection (4)
a: must consult the Director-General of Conservation; and
b: may deliver the specimen to the Director-General of Conservation.
6: If an inspector delivers a specimen to the Director-General of Conservation as described in subsection (5)﻿(b)
a: that the specimen has been given a biosecurity clearance:
b: that the specimen—
i: has not been given a biosecurity clearance; and
ii: must be held, handled, or managed in the manner specified in the notice.
7: In this section,— inspector section 2 specimen
a: wildlife within the meaning of that term in the Wildlife Act 1953
b: an endangered species, a threatened species, or an exploited species within the meaning of those terms in section 3(1) Continuation of powers under this Part in relation to ship, person, or item coming to New Zealand
33: Continuation of powers under this Part in relation to ship, person, or thing coming to New Zealand
1: The powers under this Part may be exercised in the following places in relation to a ship, a person, or a thing if exercised as part of the continuous exercise of powers begun under this Part in international waters or foreign waters:
a: New Zealand’s territorial sea or internal waters:
b: a port in New Zealand:
c: any place in New Zealand where a ship in respect of which powers have been exercised under this Part reaches land.
2: For the purposes of this section, the continuous exercise of powers does not end only because—
a: there is a period of time between the exercise of 1 or more of those powers; or
b: a ship arrives at a place to which it is directed under section 23
3: In this section, port section 2(1)
3: Offences, consent of flag State, immunities, and other matters
Offences
34: Threatening, obstructing, or failing to comply with enforcement officer
1: A person commits an offence if the person—
a: threatens or intentionally obstructs an enforcement officer in the execution of the enforcement officer’s powers under Part 2
b: fails without reasonable excuse to comply with a requirement imposed by an enforcement officer under Part 2
2: A person who provides information in response to a requirement imposed by an enforcement officer under Part 2
a: the information is false or misleading in any material respect and the person either knows it is or is reckless as to whether it is; or
b: the person intentionally fails to disclose any material particular.
3: A person who commits an offence against subsection (1)﻿(a)
4: A person who commits an offence against subsection (1)﻿(b)
5: A person who commits an offence against subsection (2)
6: An enforcement officer may exercise powers under Part 2
35: Application and further provision regarding offence
1: Section 34
a: whether or not the act or omission constituting the offence occurred in or outside New Zealand; and
b: regardless of whether the person is a New Zealand citizen or ordinarily resident in New Zealand or the act or omission was done on a New Zealand ship.
2: Nothing in section 8 of the Crimes Act 1961 (which relates to jurisdiction in respect of crimes on ships and aircraft beyond New Zealand) applies with respect to any proceedings brought under section 34
36: Consent of Attorney-General to prosecution
1: No proceedings for the trial and punishment of a person charged with an offence against section 34
2: However, a person charged with an offence against section 34 subsection (1) Obtaining consent of flag State or other State or relevant territory
37: Secretary of Foreign Affairs and Trade responsible for seeking consent
1: An enforcement officer must seek the authorisation of the Secretary of Foreign Affairs and Trade before powers are exercised under Part 2
a: the consent of a flag State is required under section 12
b: the consent of a coastal State is required under section 14
2: The Secretary of Foreign Affairs and Trade is responsible for seeking any consent referred to in subsection (1)﻿(a) or (b)
3: The Secretary of Foreign Affairs and Trade may disclose personal information to the flag State if the Secretary of Foreign Affairs and Trade is satisfied that it is reasonably necessary for the purpose of enabling the flag State to deal with the request for consent.
4: A certificate given by the Secretary of Foreign Affairs and Trade of the terms of an authorisation referred to in subsection (1) Immunities
38: Immunities
1: A person is immune from civil and criminal liability for good faith actions or omissions in pursuance or intended pursuance of the person’s duties, functions, or powers under this Act if—
a: the actions or omissions are reasonable; and
b: the person believes on reasonable grounds that the preconditions for the performance or exercise of the duty, function, or power have been satisfied.
2: A person is immune from civil and criminal liability for good faith and reasonable actions or omissions to assist another with the other’s pursuance or intended pursuance of duties, functions, or powers under this Act.
3: In any civil proceeding in which a person asserts that they have an immunity under this section, the onus is on them to prove those facts necessary to establish the basis of the claim. 2012 No 24 s 166
39: Immunity of the Crown
1: If a person is immune from civil liability under section 38
2: For the purposes of this section, the Crown 2012 No 24 s 167
40: No entitlement to compensation
No compensation is payable to the owner of a ship or any other person for the cost (for fuel or other provisions) of complying with a lawful direction under section 23 Application of presence requirement to person arriving in New Zealand after powers exercised under this Act
41: Application of presence requirement to person arriving in New Zealand after powers exercised under this Act
For the purpose of any proceedings for an offence against a person who is in New Zealand, a presence requirement may be satisfied in respect of the person even though the person was brought to New Zealand on a ship detained under this Act or in the course of any other action taken under this Act. Disclosure of personal information by enforcement officer
42: Disclosure of personal information by enforcement officer
An enforcement officer may disclose personal information obtained in the exercise of powers under this Act to a public sector agency in New Zealand as if the information had been obtained in New Zealand by the officer in the capacity in which the officer is included in the definition of enforcement officer in section 4 Forfeiture of ship in certain cases
43: Forfeiture of ship in certain cases
1: A ship is forfeited to the Crown if it arrives in New Zealand under a direction given under section 23(2)﻿(b)﻿(i)
a: a drugs smuggling offence has been, or is being, committed on the ship:
b: the ship has been, or is, otherwise involved in the commission, or in facilitating the commission, of a drugs smuggling offence:
c: any of the following offences has been or is being committed on the ship:
i: an offence against sections 92 to 97
ii: an offence against section 98
iii: an offence against section 98AA
iv: any offence against sections 98B to 98F
d: an offence relating to the unlawful importation of goods into New Zealand has been, or is being committed on the ship.
2: If a ship is treated as forfeited under this section, sections 176(3) 177 to 189
3: In this section, drugs smuggling offence
a: under section 6(2) or (2A) section 6(1)﻿(a)
b: under section 12AB(1)
c: under section 12C
i: under section 6(2) or (2A) section 6(1)﻿(a)
ii: under section 12AB(1)
d: under section 12E 12F Reporting of exercise of powers under this Act
44: Reporting of exercise of powers under this Act
1: An enforcement officer who exercises any power under this Act must provide a written report on the exercise of that power as soon as practicable after the exercise of the power.
2: The report must be made,—
a: if the enforcement officer is a constable, to the Commissioner of Police or a Police employee designated to receive reports of that kind by the Commissioner; and
b: if the enforcement officer is other than a constable, to a person designated by the relevant person described in subsection (5)
c: to the Secretary of Foreign Affairs and Trade.
3: The report must—
a: contain a short summary of the circumstances of the exercise of the power, and the reason or reasons why the power needed to be exercised; and
b: state whether any evidential material was seized or obtained as a result of the exercise of the power; and
c: state whether any criminal proceedings have been brought or are being considered as a consequence of the seizure of that evidential material.
4: This section does not require a report in respect of a rub-down search of a person under section 85 88 section 27
5: For the purpose of subsection (2)﻿(b) relevant person
a: the chief executive of the New Zealand Customs Service (if the enforcement officer is a Customs officer):
b: the Chief of Defence Force (if the enforcement officer is a member of the Armed Forces):
c: the chief executive of the Department of Conservation (if the enforcement officer is a person described in any of paragraphs (d) to (f) section 4(1) 2012 No 24 s 169
45: Reporting of exercise of powers to flag State or coastal State
When reporting to a flag State or coastal State on the exercise of powers under this Act, the Secretary of Foreign Affairs and Trade may disclose personal information if satisfied that it is reasonably necessary for the purpose of complying with any of New Zealand’s international obligations. Application to Tokelau
46: Application to Tokelau
1: This Act is in force in Tokelau for the purpose of the offences in sections 4 to 6
2: 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 Amendment to Arms Act 1983
47: Principal Act
Section 48 Arms Act 1983 2022-05-21 Arms Act 1983
48: Section 3 amended (Act to bind the Crown)
After section 3(2)﻿(ab), insert:
ac: by a member of the New Zealand Defence Force or a constable who is an enforcement officer as defined in section 4(1) of the Maritime Powers Act 2022 Amendments to Customs and Excise Act 2018
49: Principal Act
Sections 50 52 Customs and Excise Act 2018 2022-05-21 Customs and Excise Act 2018
50: Section 4 amended (Overview of Act)
In section 4(5) (including Schedule 5A)
51: Section 176 amended (Goods forfeited)
Repeal section 176(1)﻿(v)
52: Repeal of section 267A and Schedule 5A (Powers for dealing with drugs smuggling outside New Zealand, etc)
1: Repeal section 267A
2: Repeal Schedule 5A Amendment to Fisheries Act 1996
53: Principal Act
Section 54 Fisheries Act 1996 2022-05-21 Fisheries Act 1996
54: Section 215 amended (General powers)
After section 215(3), insert:
4: In this section, freshly pursued pursued without interruption section 6 of the Maritime Powers Act 2022 fresh pursuit Amendments to Maritime Crimes Act 1999
55: Principal Act
Sections 56 57 Maritime Crimes Act 1999 2022-05-21 Maritime Crimes Act 1999
56: Section 2 amended (Interpretation)
In section 2 enforcement officer
57: Repeal of heading and sections 10A to 10G
Repeal sections 10A to 10G Amendment to Search and Surveillance Act 2012
58: Principal Act
Section 59 Search and Surveillance Act 2012 2022-05-21 Search and Surveillance Act 2012
59: Schedule amended (Powers in other enactments to which all or part of Part 4 of Search and Surveillance Act 2012 applies)
In the Schedule, insert in its appropriate alphabetical order the item set out in Schedule 2