Part 1Preliminary provisions
4Application of this Act
Except as otherwise provided in this Act, or in any regulations or rules made under this Act, nothing in this Act, or any regulations or rules made under this Act, shall apply to—
- warships of the New Zealand Defence Force; or
- warships of any other State; or
- aircraft of the New Zealand Defence Force; or
- aircraft of the defence forces of any other State; or
- any ship owned or operated by a State other than New
Zealand, if the ship is being used by that State for wholly
governmental (but not including commercial) purposes;
or
- the master or the crew of any ship referred to in paragraph
(a) or paragraph (b) or paragraph (e); or
- defence areas as defined in
section 2
of the Defence Act 1990.
The provisions of sections 344 to 352, 361, and 368 shall apply to warships of the New Zealand Defence Force and, for the purposes of determining any liability under any of those provisions in respect of any act or omission involving such a warship, any provision of this Act, the Resource Management Act 1991, or any other enactment referred to in those provisions shall be deemed to apply to such warships.
Where it is alleged that the Crown has contravened a provision of this Act, or any rules or regulations made under this Act, and such contravention constitutes an offence,—
- any person may apply to the High Court for a declaration
that the Crown has contravened that provision; and
- if satisfied beyond reasonable doubt that the Crown has
contravened that provision, the court may make a declaration
to that effect.
Except where the context otherwise requires, where this Act applies to ships, it applies to New Zealand ships wherever they may be.