Continental Shelf Act 1964

1: Short Title
This Act may be cited as the Continental Shelf Act 1964.
2: Interpretation
1: In this Act, unless the context otherwise requires,— Authority continental shelf Convention mineral natural resources
a: the mineral and other natural non-living resources of the seabed and subsoil; and
b: living organisms belonging to sedentary species, that is to say, organisms which, at the harvestable stage, either are immobile on or under the seabed or are unable to move except in constant physical contact with the seabed or subsoil seaward-side boundaries
a: a distance of 200 nautical miles from the baselines from which the breadth of the territorial sea is measured (as described in sections 5 6 6A
b: at the outer edge of the continental margin where it extends beyond that distance.
2: For the purposes of implementing any international agreement, or for any other purpose in accordance with international law, the Governor-General may from time to time, by Order in Council, delineate the actual boundaries of the continental shelf.
3: An order under subsection (2) is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 2(1) subsection number inserted 1 October 1977 Part B section 33(1) Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977 Section 2(1) Authority inserted 1 August 1996 Continental Shelf Amendment Act 1996 Section 2(1) continental shelf substituted 15 December 2005 section 3(1) Continental Shelf Amendment Act 2005 Section 2(1) Convention inserted 1 August 1996 Continental Shelf Amendment Act 1996 Section 2(1) mineral inserted 1 October 1977 Part B section 33(1) Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977 Section 2(1) seaward-side boundaries added 15 December 2005 section 3(2) Continental Shelf Amendment Act 2005 Section 2(2) added 1 October 1977 Part B section 33(1) Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977 Section 2(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
3: Exploration and exploitation of continental shelf
All rights that are exercisable by New Zealand with respect to the continental shelf and its natural resources for the purpose of exploring the shelf and exploiting those resources are hereby vested in the Crown.
4: Mining for petroleum on continental shelf
1: Subject to the provisions of subsection (2), the provisions of the Crown Minerals Act 1991 section 10
a: every reference in that Act or those regulations to land included a reference to the seabed (including, where necessary, the subsoil) of the continental shelf; and
b: every reference in that Act or in those regulations to New Zealand included a reference to the continental shelf; and
c: the Minister of Transport section 2A
d:
2: The Governor-General may from time to time, by Order in Council, modify or exclude any of the provisions of the Crown Minerals Act 1991
3: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 4(1) amended 1 October 1991 section 121 Crown Minerals Act 1991 Section 4(1)﻿(c) amended 24 May 2013 section 4 Continental Shelf Amendment Act 2013 Section 4(1)﻿(c) amended 1 October 1991 section 121 Crown Minerals Act 1991 Section 4(1)﻿(c) amended 1 September 1972 Ministry of Transport Amendment Act 1972 Section 4(1)﻿(d) repealed 1 October 1975 Petroleum Amendment Act 1975 Section 4(2) amended 1 October 1991 section 121 Crown Minerals Act 1991 Section 4(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
5: Mining for minerals on continental shelf
1: No person shall prospect or mine for, or carry on any operations for the recovery of, minerals in the seabed or subsoil of the continental shelf except in pursuance of a licence issued under this section.
2: The Minister of Energy and Resources
3: Subject to section 5A
a: to comply with such conditions as to safety as are specified in the licence, and for this purpose the Minister may require the licensee to comply with all or any of the provisions as to safety of the Mining Act 1926 Coal Mines Act 1925
b: to pay to the Crown in respect of minerals recovered by the licensee from the continental shelf such royalties as are specified in the licence.
4: The grant of a licence under this section shall in every case be in the absolute discretion of the Minister of Energy and Resources
5: Any number of licences under this section may be granted to the same person.
6: Subject to the provisions of subsection (3), nothing in the Mining Act 1926 Coal Mines Act 1925
7: Every person commits an offence, and is liable on
8: No licence may be granted under this section after the commencement of section 5AA clause 5 of Schedule 1
9: A person granted a licence to prospect for minerals under this section before the commencement of section 5AA section 32 Section 5(2) amended 13 January 2020 section 14 Regulatory Systems (Economic Development) Amendment Act 2019 Section 5(2) amended 1 April 1978 Ministry of Energy Act 1977 Section 5(3) amended 1 August 1996 Continental Shelf Amendment Act 1996 Section 5(4) amended 13 January 2020 section 14 Regulatory Systems (Economic Development) Amendment Act 2019 Section 5(4) amended 1 April 1978 Ministry of Energy Act 1977 Section 5(7) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 5(8) inserted 24 May 2013 section 5 Continental Shelf Amendment Act 2013 Section 5(9) inserted 24 May 2013 section 5 Continental Shelf Amendment Act 2013
5AA: Mining for minerals on continental shelf on or after commencement of this section
From the commencement of this section, the Crown Minerals Act 1991 section 10
a: every reference in that Act or those regulations to land included a reference to the seabed (including, where necessary, the subsoil) of the continental shelf; and
b: every reference in that Act or those regulations to New Zealand included a reference to the continental shelf; and
c: the Minister of Transport were the appropriate Minister for the purposes of section 2A Section 5AA inserted 24 May 2013 section 6 Continental Shelf Amendment Act 2013
5A: Payments and contributions with respect to exploitation of continental shelf beyond 200 nautical miles
1: This section applies to—
a: every licence granted under section 5
b: every permit granted under section 25 ; and
c: every permit granted under section 25 for or the mining of
2: The Minister of Energy and Resources
3: The Minister of Energy and Resources
4: In specifying the rate of royalties for the purposes of subsection (2) or subsection (3), the Minister
5: The Crown shall make all payments or contributions in kind required to be made to the Authority from time to time under the terms of article 82 of the Convention. Section 5A inserted 1 August 1996 Continental Shelf Amendment Act 1996 Section 5A(1)﻿(b) amended 13 January 2020 section 15(1) Regulatory Systems (Economic Development) Amendment Act 2019 Section 5A(1)﻿(b) amended 24 May 2013 section 7(1) Continental Shelf Amendment Act 2013 Section 5A(1)﻿(c) amended 13 January 2020 section 15(2) Regulatory Systems (Economic Development) Amendment Act 2019 Section 5A(1)﻿(c) inserted 24 May 2013 section 7(2) Continental Shelf Amendment Act 2013 Section 5A(2) amended 13 January 2020 section 15(3) Regulatory Systems (Economic Development) Amendment Act 2019 Section 5A(3) amended 13 January 2020 section 15(4) Regulatory Systems (Economic Development) Amendment Act 2019 Section 5A(4) amended 13 January 2020 section 15(5) Regulatory Systems (Economic Development) Amendment Act 2019
6: Oysters, other shellfish, and sponges on continental shelf
1: Subject to the provisions of subsection (2), the provisions of Part 1 of the Fisheries Act 1908 Part 1 of the Fisheries Amendment Act 1963 section 5 of the first-mentioned Act section 2 of the first-mentioned Act New Zealand or New Zealand fisheries waters
a: every reference in those provisions to New Zealand or to New Zealand fisheries waters
b: for the words tidal waters in New Zealand subsection (1) of section 15 any part of the continental shelf (as defined in the Continental Shelf Act 1964)
c:
2: The Governor-General may from time to time, by Order in Council—
a: modify or exclude any of the provisions of the enactments referred to in subsection (1) to such extent as may be necessary for the purposes of giving full effect to the provisions of that subsection:
b: declare that the provisions of subsection (1) shall apply with respect to any other sedentary species of shellfish or to sedentary sponges.
3: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 6(1) amended 1 January 1966 Territorial Sea and Fishing Zone Act 1965 Section 6(1)﻿(a) amended 1 January 1966 Territorial Sea and Fishing Zone Act 1965 Section 6(1)﻿(c) repealed 1 January 1966 Territorial Sea and Fishing Zone Act 1965 Section 6(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
7: Application of criminal and civil law
1: Subject to the provisions of this Act, for the purposes of this Act and of every other enactment (whether passed before or after the passing of this Act) and of every rule of law for the time being in force in New Zealand,—
a: every act or omission which takes place on or under or above or about any installation or device (whether permanent or temporary) constructed, erected, placed, or used in, on, or above the continental shelf in connection with the exploration of the continental shelf or the exploitation of its natural resources shall be deemed to take place in New Zealand; and
b: every such installation or device shall be deemed to be situated in New Zealand, and for the purposes of jurisdiction shall be deemed to be situated in that part of New Zealand above high-water mark at ordinary spring tides which is nearest to that installation or device; and
c: every court in New Zealand which would have jurisdiction (whether civil or criminal) in respect of that act or omission if it had taken place in New Zealand shall have jurisdiction accordingly; and
d: every power of arrest or of entry or search or seizure or other power that could be exercised under any enactment (whether passed before or after the passing of this Act) or under any rule of law in respect of any such act or omission or suspected act or omission if it had taken place or was suspected to have taken place in New Zealand may be exercised on or in respect of any such installation or device as if the installation or device were in New Zealand; and
e: without limiting the provisions of the Customs Acts (as defined in the Customs Act 1966
2: The Governor-General may from time to time, by Order in Council,—
a: modify or exclude any of the provisions of any enactment (whether passed before or after the passing of this Act) to such extent as may be necessary for the purpose of giving full effect to the provisions of subsection (1):
b: declare that the provisions of any enactment (whether passed before or after the passing of this Act), with such modifications or exceptions as he thinks fit, shall apply with respect to the continental shelf or any specified part thereof, or to acts or omissions taking place in, on, or above the continental shelf or any specified part thereof, in connection with the exploration of the continental shelf or of that part or the exploitation of its natural resources, and thereupon the provisions of that enactment, with any such modifications or exceptions, shall apply as if the continental shelf or that part thereof were within New Zealand.
3: Nothing in this section shall limit the provisions of any enactment or rule of law relating to the liability of persons in respect of acts done or omitted beyond New Zealand or the jurisdiction of any New Zealand court under any such enactment or rule of law.
4: Notwithstanding anything in any other enactment, proceedings for the trial and punishment of any person charged with having committed an offence in respect of which the courts of New Zealand have jurisdiction by virtue only of this section shall not be instituted in any court except with the consent of the Attorney-General and on his certificate that it is expedient that the proceedings should be instituted: provided that a person so charged may be arrested or a warrant for his arrest may be issued and executed, and he may be remanded in custody or on bail, notwithstanding that the consent of the Attorney-General to the institution of proceedings for the offence has not been obtained; but no further or other proceedings shall be taken until that consent has been obtained.
5: In this section the term device
6: An order under subsection (2) is secondary legislation ( see Part 3
7: However, subsection (6) does not apply to the following instruments made under subsection (2) in reliance on section 9
a: an Ordinance of the Legislative Assembly of the Cook Islands:
b: an Ordinance of the Niue Assembly. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 7(1)﻿(e) amended 1 January 1967 Customs Act 1966 Section 7(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 7(7) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
8: Regulations
1: The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:
a:
b:
c: establishing safety zones, extending to a distance not exceeding 500 metres measured from each point of the outer edge of the installation or device, around any such installations or devices in, on, or above the continental shelf:
d: prescribing such measures as the Governor-General considers necessary in any such safety zone for the protection of the installation or device with respect to which the safety zone is established:
e: regulating or prohibiting the entry of ships into any such safety zone:
f:
g:
h: prescribing the permanent means to be installed for the purpose of giving warning to shipping and aircraft of the presence of installations or devices in, on, or above the continental shelf:
i:
j:
k: providing for such matters as are necessary for giving full effect to the provisions of this Act and for the due administration thereof:
l: prescribing penalties for breaches of the regulations, not exceeding a fine of £500.
2: In this section the term continental shelf
3: Regulations under this section are secondary legislation ( see Part 3
4: However, subsection (3) does not apply to regulations made under this section by the following instruments in reliance on section 9
a: an Ordinance of the Legislative Assembly of the Cook Islands:
b: an Ordinance of the Niue Assembly. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 8(1)﻿(a) repealed 28 June 2013 section 171 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 Section 8(1)﻿(b) repealed 28 June 2013 section 171 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 Section 8(1)﻿(f) repealed 28 June 2013 section 171 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 Section 8(1)﻿(g) repealed 28 June 2013 section 171 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 Section 8(1)﻿(i) repealed 28 June 2013 section 171 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 Section 8(1)﻿(j) repealed 28 June 2013 section 171 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 Section 8(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 8(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
9: Act in force in Cook Islands
1: This Act, except sections 4 6
2: In the application of this Act to the Cook Islands—
a: every reference to New Zealand shall be read as a reference to the Cook Islands:
b: every reference in section 5 the Minister of Energy and Resources the Council of State of the Cook Islands the Cabinet of Ministers of Niue
c: the powers conferred on the Governor-General in Council may be exercised by the Legislative Assembly of the Cook Islands or the Niue Assembly Section 9(2)﻿(b) amended 13 January 2020 section 16 Regulatory Systems (Economic Development) Amendment Act 2019 Section 9(2)﻿(b) amended 1 April 1978 Ministry of Energy Act 1977 Section 9(2)﻿(b) amended 19 October 1974 section 2(2)﻿(c) Niue Amendment Act 1974 Section 9(2)﻿(b) amended 4 August 1965 section 57(3) Cook Islands Amendment Act 1964 Section 9(2)﻿(c) amended 19 October 1974 section 2(2)﻿(d) Niue Amendment Act 1974