Maritime Transport Act 1994

General provisions relating to shipping - Provisions relating to special maritime events

200B: Special enforcement powers may be exercised when this section applies

You could also call this:

"Special helpers can make big decisions to keep people safe during a major maritime event"

When there is a major maritime event, this section applies. You need to know that an enforcement officer has special powers during this time. The officer can use these powers if they think it is necessary to keep people safe or to maintain public order.

The officer's powers include stopping and detaining ships, craft, or seaplanes in a designated area. They can also remove these vessels or people from the area, or prevent them from entering it. The officer can prohibit the use of a vessel if they think it would pose a risk to safety. They can board a vessel, give directions, and ask for the person in charge to give their name and address.

The officer can also use powers that a harbourmaster has to ensure maritime safety under Part 3A. If you are in charge of a vessel and you break the rules, you can get a fine. This can happen if you enter or stay in a designated area when you are not supposed to, or if you do not follow the rules in a notice given under section 200A.

Enforcement officers include police officers, members of the New Zealand Defence Force, and harbourmasters. They must show you their identity and proof that they are an enforcement officer if you ask them to. The people who can be enforcement officers also include others who are authorised by the regional council or the Commissioner of Police.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM336908.


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"The Minister can make a maritime event special and create rules for it in New Zealand waters."


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Part 14General provisions relating to shipping
Provisions relating to special maritime events

200BSpecial enforcement powers may be exercised when this section applies

  1. This section applies to a major maritime event or occasion that is subject to a notice under section 200A.

  2. During the period specified for the purpose in the notice under section 200A that applies to the event or occasion, an enforcement officer who has reasonable cause to believe that the action is necessary to maintain public order, or to preserve the safety of any person or ship, craft, or seaplane, or to enforce the provisions of the notice may do all or any of the following things:

  3. stop and detain any ship, craft, or seaplane in the designated area:
    1. remove any ship, craft, or seaplane or person from the designated area:
      1. prevent any ship, craft, or seaplane or person from entering the designated area:
        1. prohibit the use of a ship, craft, or seaplane in the designated area, if the enforcement officer considers its use in the designated area would pose an unreasonable risk to the safety of those on board or of other persons:
          1. board a ship, craft, or seaplane, give directions for the purposes of this section to the person appearing to be in charge, and require that person to give his or her name and address:
            1. exercise any power that a harbourmaster may exercise for the purposes of ensuring maritime safety under Part 3A.
              1. The exercise of any power conferred by subsection (2) does not prevent an enforcement officer or any other person from taking any further action against a person under some other provision of this Act or under any other enactment.

              2. An enforcement officer exercising any power under this section must produce evidence of identity and evidence that he or she is an enforcement officer, whenever reasonably requested to do so.

              3. The person in charge of a ship, craft, or seaplane commits an infringement offence and is liable to the penalty prescribed by regulations made under section 201 if—

              4. the ship, craft, or seaplane enters or remains in a designated area in contravention of a notice given under section 200A or otherwise contravenes the notice; or
                1. the person obstructs an enforcement officer while the officer is lawfully exercising a power under subsection (2); or
                  1. the person fails to comply with the lawful exercise by an enforcement officer of a power under subsection (2).
                    1. For the purposes of this section, the following persons are enforcement officers:

                    2. all constables; and all police employees who are not constables authorised for the purpose by the Commissioner of Police:
                      1. all members of the New Zealand Defence Force authorised for the purpose by the Chief of Defence Force:
                        1. harbourmasters employed or engaged by any harbour controlling authority:
                          1. such other persons as may for the time being be authorised for the purpose by the regional council within whose region the event or occasion is being held.
                            Notes
                            • Section 200B: inserted, on , by section 2 of the Maritime Transport Amendment Act (No 2) 1998 (1998 No 116).
                            • Section 200B(2)(f): amended, on , by section 39 of the Maritime Transport Amendment Act 2013 (2013 No 84).
                            • Section 200B(6)(a): amended, on , pursuant to section 116(a)(vii) of the Policing Act 2008 (2008 No 72).
                            • Section 200B(6)(a): amended, on , pursuant to section 116(d) of the Policing Act 2008 (2008 No 72).