Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977

1: Short Title and commencement
1: This Act may be cited as the Territorial Sea , Contiguous Zone,
2: Section 29
3: Except as provided in subsection (2), the provisions of this Act shall come into force on a date to be appointed by the Governor-General by Order in Council.
4: For the purposes of subsection (3), 1 or more Orders in Council may be made—
a: bringing different provisions of this Act into force on different dates; and
b: bringing provisions of this Act into force on different dates in respect of specified parts of New Zealand.
5: 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 1(3) brought into force 1 October 1977 clause 2 Territorial Sea and Exclusive Economic Zone Act Commencement Order 1977 (SR 1977/245). Section 1(3) brought into force 1 April 1978 clause 2 Territorial Sea and Exclusive Economic Zone Act Commencement Order 1978 (SR 1978/62). Section 1(1) amended 1 August 1996 Territorial Sea and Exclusive Economic Zone Amendment Act 1996 Section 1(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
2: Interpretation
1: In this Act, unless the context otherwise requires,— bay
a: the area of an indentation shall be taken to be the area bounded by low-water mark around the shore of the indentation and the straight line joining the low-water marks of its natural entrance points; and
b: where, because of the presence of islands, an indentation has more than 1 mouth, the length of the diameter of the semicircle referred to shall be the sum of the lengths of the straight lines drawn across each of the mouths; and
c: in calculating the area of an indentation, the area of any islands lying within it shall be treated as part of the area of the indentation) exclusive economic zone zone section 9 highly migratory species international agreement island low-tide elevation low-water line low-water mark Lowest Astronomical Tide (LAT) median line Minister nautical mile New Zealand Part 2 section 29 New Zealand fisheries waters section 2(1) the Fisheries Act 1983 New Zealand fishing craft
a: that is a New Zealand ship within the meaning of section 2(1)
b: that is an aircraft registered in New Zealand under the Civil Aviation Act 1990
c: in which no person who is not a New Zealand citizen has any legal or equitable interest (except by way of security only for any advance made by him or her to the owner) New Zealand Government ship prescribed
2: For the purposes of this Act, permanent harbour works that form an integral part of a harbour system shall be treated as forming part of the coast. Section 2(1) fish repealed 1 October 2001 section 316(1) Fisheries Act 1996 Section 2(1) fishery repealed 1 October 2001 section 316(1) Fisheries Act 1996 Section 2(1) fishing repealed 1 October 2001 section 316(1) Fisheries Act 1996 Section 2(1) fishing craft repealed 1 October 2001 section 316(1) Fisheries Act 1996 Section 2(1) foreign fishing craft repealed 1 October 2001 section 316(1) Fisheries Act 1996 Section 2(1) licence repealed 1 October 2001 section 316(1) Fisheries Act 1996 Section 2(1) licensee repealed 1 October 2001 section 316(1) Fisheries Act 1996 Section 2(1) low-water line low-water mark inserted 15 December 2005 section 3 Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Amendment Act 2005 Section 2(1) Lowest Astronomical Tide (LAT) inserted 15 December 2005 section 3 Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Amendment Act 2005 Section 2(1) master repealed 1 October 2001 section 316(1) Fisheries Act 1996 Section 2(1) New Zealand fisheries waters substituted 1 October 1983 section 108(1) Fisheries Act 1983 Section 2(1) New Zealand fishing craft substituted 1 February 1995 section 203 Maritime Transport Act 1994 Section 2(1) New Zealand Government ship substituted 1 February 1995 section 203 Maritime Transport Act 1994 Section 2(1) owner repealed 1 October 2001 section 316(1) Fisheries Act 1996 Section 2(1) shellfish repealed 1 October 2001 section 316(1) Fisheries Act 1996 Section 2(1) take repealed 1 October 2001 section 316(1) Fisheries Act 1996 Section 2(1) total allowable catch repealed 1 October 2001 section 316(1) Fisheries Act 1996
1: The territorial sea of New Zealand
3: The territorial sea
The territorial sea of New Zealand comprises those areas of the sea having, as their inner limits, the baseline described in sections 5 6 and 6A Section 3 amended 1 August 1996 Territorial Sea and Exclusive Economic Zone Amendment Act 1996
4: Internal waters
The internal waters of New Zealand include any areas of the sea that are on the landward side of the baseline of the territorial sea of New Zealand.
5: Baseline of territorial sea
1: Except as otherwise provided in section 6 or section 6A
2: For the purposes of this section, a low-tide elevation that lies wholly or partly within the breadth of sea that would be territorial sea if all low-tide elevations were disregarded for the purpose of the measurement of the breadth of the territorial sea shall be treated as an island. Section 5(1) amended 1 August 1996 Territorial Sea and Exclusive Economic Zone Amendment Act 1996
6: Baseline of territorial sea adjacent to bay
In the case of the sea adjacent to a bay, the baseline from which the breadth of the territorial sea is measured—
a: where the bay has only 1 mouth and the distance between the low-water marks of the natural entrance points of the bay does not exceed 24 nautical miles, shall be a straight line joining those low-water marks; and
b: where, because of the presence of islands, the bay has more than 1 mouth and the distances between the low-water marks of the natural entrance points of each mouth added together do not exceed 24 nautical miles, shall be a series of straight lines across each of the mouths so as to join those low-water marks; and
c: where neither paragraph (a) nor paragraph (b) applies, shall be a straight line 24 nautical miles in length drawn from low-water mark to low-water mark within the bay in such a manner as to enclose the maximum area of water that is possible with a line of that length.
6A: Straight baselines
1: Subject to section 6
a: where a river flows directly into the sea:
b: where the coast is highly unstable because of the presence of a delta or other natural conditions:
c: where the coast is deeply indented:
d: where there is a fringe of islands along the coast in its immediate vicinity.
2: For the purposes of subsection (1), the points between which straight lines may be drawn are,—
a: in a case where a river flows directly into the sea, a point at each side of the river's mouth on the low-water line of the river's banks:
b: in a case where the coast is highly unstable because of the presence of a delta or other natural conditions, points along the furthest seaward extent of the low-water line:
c: in any other case, points that are appropriate in the circumstances.
3: Where it is necessary to determine the points between which straight lines may be drawn for the purposes of paragraph (b) or paragraph (c) of subsection (2),—
a: the following rules shall be observed:
i: straight baselines shall not depart to any appreciable extent from the general direction of the coast:
ii: sea areas lying within straight baselines shall be sufficiently closely linked to the land of New Zealand to be internal waters of New Zealand:
iii: straight baselines shall be drawn to and from low-tide elevations only where lighthouses or similar installations, which are permanently above sea level, have been built on the low-tide elevations or where the drawing of baselines to and from such elevations has received general international recognition; and
b: economic interests peculiar to the region concerned, the reality and the importance of which are clearly evidenced by long usage, may be taken into account.
4: Where, in a case where the coast is highly unstable because of the presence of a delta or other natural conditions, a straight line has been drawn pursuant to this section, that line remains the baseline, notwithstanding any subsequent regression of the low-water line, until it is changed in accordance with this Act. United Nations Convention on the Law of the Sea arts 7, 9 Section 6A inserted 1 August 1996 Territorial Sea and Exclusive Economic Zone Amendment Act 1996
7: Bed of territorial sea and internal waters vested in Crown
Section 7 repealed 25 November 2004 section 31 Foreshore and Seabed Act 2004
8: Regulations in territorial sea
1: Where no other provision is for the time being made by any other enactment for any such purposes, the Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:
a: regulating the conduct of scientific research within the territorial sea:
b: prescribing measures for the protection and preservation of the marine environment of the territorial sea:
c: regulating the construction, operation, and use of artificial islands (whether permanent or temporary), and other installations and structures in the territorial sea, including the establishment of safety zones around such islands, installations, and structures:
d: regulating the exploration and exploitation of the territorial sea for the production of energy from the water, currents, and winds, and for any other economic purposes:
e: providing for such other matters as are necessary or expedient for giving full effect to the sovereignty of New Zealand in relation to the territorial sea:
f: providing that a breach of any such regulations shall be a criminal offence, and imposing penalties by way of fine not exceeding $10,000 for any such offences:
g: providing for such other matters as are contemplated by or necessary for giving full effect to the provisions of this Part and for its due administration.
2: Regulations under this section are 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 8(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
1A: The contiguous zone of New Zealand
Part 1A inserted 1 August 1996 Territorial Sea and Exclusive Economic Zone Amendment Act 1996
8A: The contiguous zone
1: In this section, the term marker section 3
2: The contiguous zone of New Zealand comprises those areas of the sea having, as their inner limits, the marker, and, as their outer limits, a line measured seaward from the marker, every point of which line is distant 12 nautical miles from the nearest point of the marker. United Nations Convention on the Law of the Sea art 33 Section 8A inserted 1 August 1996 Territorial Sea and Exclusive Economic Zone Amendment Act 1996
2: The exclusive economic zone of New Zealand
9: The exclusive economic zone
1: The exclusive economic zone of New Zealand comprises those areas of the sea, seabed, and subsoil that are beyond and adjacent to the territorial sea of New Zealand, having as their outer limits a line measured seaward from the baseline described in sections 5 6 and 6A
2: Notwithstanding subsection (1), where—
a: any part of the median line between New Zealand and any other country is less than 200 nautical miles from the nearest part of the baseline of the territorial sea of New Zealand; and
b: no other outer limit of the exclusive economic zone is for the time being determined by an Order in Council made under subsection (3) or subsection (4)— that part of the median line shall be an outer limit of the zone.
3: The Governor-General may from time to time, by Order in Council, declare that any specified provisions of this Part, and any other specified provisions in this Act relating to the exclusive economic zone, shall apply to the Ross Dependency, with such modifications and exceptions (if any) as he may specify in the order.
4: For the purposes of implementing any international agreement, or the arbitral award of any international body, or the judgment of any international court, or for any other purpose in accordance with international law, the Governor-General may from time to time, by Order in Council, declare that the exclusive economic zone shall not extend to any specified area of the sea, seabed, or subsoil, that would otherwise be included within the exclusive economic zone by virtue of this section.
5: An order under subsection (3) or (4) 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 9(1) amended 1 August 1996 Territorial Sea and Exclusive Economic Zone Amendment Act 1996 Section 9(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
10: Seas in zone to be New Zealand fisheries waters
1: The seas comprised in the exclusive economic zone shall be part of New Zealand fisheries waters.
2: The following enactments shall apply accordingly (subject to any provisions to the contrary in those enactments) within the exclusive economic zone:
a:
b: the Marine Mammals Protection Act 1978 Section 10(2)﻿(a) repealed 1 October 2001 section 314(2)﻿(a) Fisheries Act 1996 Section 10(2)﻿(b) substituted 20 October 1978 section 30(1) Marine Mammals Protection Act 1978
11: Calculation of total allowable catch
Section 11 repealed 1 October 2001 section 314(2)﻿(a) Fisheries Act 1996
12: Calculation of allowable catch by foreign fishing craft
Section 12 repealed 1 October 2001 section 314(2)﻿(a) Fisheries Act 1996
13: Apportionment of allowable catch for foreign fishing craft
Section 13 repealed 1 October 2001 section 314(2)﻿(a) Fisheries Act 1996
14: Prohibition of operation of unauthorised foreign fishing craft in zone
Section 14 repealed 1 October 2001 section 314(2)﻿(a) Fisheries Act 1996
15: Grant of licences
Section 15 repealed 1 October 2001 section 314(2)﻿(a) Fisheries Act 1996
16: Renewal of licences
Section 16 repealed 1 October 2001 section 314(2)﻿(a) Fisheries Act 1996
17: Variation of licences
Section 17 repealed 1 October 2001 section 314(2)﻿(a) Fisheries Act 1996
18: Fees and royalties
Section 18 repealed 1 October 2001 section 314(2)﻿(a) Fisheries Act 1996
19: Licensing offences
Section 19 repealed 1 October 2001 section 314(2)﻿(a) Fisheries Act 1996
20: Suspension and cancellation of licences
Section 20 repealed 1 October 2001 section 314(2)﻿(a) Fisheries Act 1996
21: Review by courts
Section 21 repealed 1 October 2001 section 314(2)﻿(a) Fisheries Act 1996
22: Fisheries regulations
Section 22 repealed 1 October 2001 section 314(2)﻿(a) Fisheries Act 1996
23: Fishing for research, experimental, and sporting purposes
Section 23 repealed 1 October 2001 section 314(2)﻿(a) Fisheries Act 1996
24: Apprehension of offenders
Section 24 repealed 1 October 2001 section 314(2)﻿(a) Fisheries Act 1996
25: Security for release of foreign fishing craft
Section 25 repealed 1 October 2001 section 314(2)﻿(a) Fisheries Act 1996
26: Administrative penalties for minor fisheries offences
Section 26 repealed 1 October 2001 section 314(2)﻿(a) Fisheries Act 1996
27: General regulations in zone
1: Where no other provision is for the time being made by any other enactment for any such purposes, the Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:
a: regulating the conduct of scientific research within the exclusive economic zone:
b: prescribing measures for the protection and preservation of the marine environment of the zone:
c: regulating the construction, operation, and use of artificial islands (whether permanent or temporary), and other installations and structures within the zone, including the establishment of safety zones around such islands, installations, and structures:
d: regulating the exploration and exploitation of the zone for the production of energy from the water, currents, and winds, and for any other economic purposes:
e: providing for such other matters as are necessary or expedient for giving full effect to the sovereign rights of New Zealand in relation to the zone:
f: providing that a breach of any such regulations shall be a criminal offence, and imposing penalties by way of fine not exceeding $10,000 for any such offences:
g: providing for such other matters as are contemplated by or necessary for giving full effect to the provisions of this Part (other than matters for which regulations may be made under section 22
2: Regulations under this section are 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 27(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
28: General provisions as to offences in zone
1: Any offence against this Act, or against any regulations made under this Act, that is committed within the exclusive economic zone shall be deemed to have been committed in New Zealand.
2:
3: Section 28(2) repealed 1 October 2001 section 314(2)﻿(a) Fisheries Act 1996 Section 28(3) repealed 1 October 2001 section 314(2)﻿(a) Fisheries Act 1996
3: Miscellaneous provisions
29: Interim and transitional measures
Section 29 repealed 1 October 2001 section 314(2)﻿(a) Fisheries Act 1996
30: Modifications to give effect to international agreement
1: The Governor-General may, from time to time, by Order in Council, limit any provision of this Act relating to the exclusive economic zone so far as it is necessary to do so to give full effect to any convention that is adopted by the Third United Nations Conference on the Law of the Sea.
2: 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 30(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
31: Official charts
1: For the purposes of this Act, in any proceedings in any court, the low-water line for any area depicted on the charts in the Territorial Limits Folio is sufficient evidence of the low-water line for that area.
2: For the purposes of this Act, in any proceedings in any court, a certificate purporting to be signed by the chief executive of Land Information New Zealand that any specified chart is a chart referred to in subsection (1) is admissible as evidence of the matters stated in the certificate.
3: Every person signing any such certificate shall, in the absence of proof to the contrary, be presumed to be duly authorised to sign it.
4: In this section, Territorial Limits Folio Section 31(1) substituted 15 December 2005 section 4(1) Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Amendment Act 2005 Section 31(2) substituted 15 November 2000 section 3 Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Amendment Act 2000 Section 31(4) added 15 December 2005 section 4(2) Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Amendment Act 2005
32: Onus of proof in respect of certain offences
If, in any proceedings under this Act, a defendant is charged with having contravened any provision in any regulations made under this Act under which a licence or permit, or the consent of any person, is required for the doing of any act, the defendant has the onus of proving that at the time to which the charge relates, the requisite licence, permit, or consent was duly held. Section 32 substituted 1 October 2001 section 316(1) Fisheries Act 1996
32A: Certificates as evidence
Section 32A repealed 1 October 2001 section 314(2)﻿(a) Fisheries Act 1996
33: Amendments, repeal, and savings
1: The enactments specified in the Schedule
2: Unless in any case the context otherwise requires, every reference in any other enactment or in any regulation, rule, order, agreement, deed, instrument, application, notice, licence, or other document whatsoever, in force at the commencement of this section,—
a: to the territorial sea of New Zealand as defined by section 3 of the Territorial Sea and Fishing Zone Act 1965 section 8 of that Act section 3
b: to the internal waters of New Zealand as defined by section 4 of that Act section 4
3: The Territorial Sea and Fishing Zone Act 1965 is hereby repealed.
4: Except as expressly provided by this Act, the provisions of this Act are in addition to and not in substitution for the provisions of every other enactment, and accordingly nothing in this Act shall limit or derogate from the provisions of any other enactment.