Part 14General provisions relating to shipping
Provisions relating to special maritime events
200BSpecial enforcement powers may be exercised when this section applies
This section applies to a major maritime event or occasion that is subject to a notice under section 200A.
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:
- stop and detain any ship, craft, or seaplane in the
designated area:
- remove any ship, craft, or seaplane or person from the
designated area:
- prevent any ship, craft, or seaplane or person from
entering the designated area:
- 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:
- 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:
- exercise any power that a harbourmaster may exercise for
the purposes of
ensuring maritime safety under
Part 3A.
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.
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.
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—
- 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
- the person obstructs an enforcement officer while the
officer is lawfully exercising a power under subsection (2);
or
- the person fails to comply with the lawful exercise by an
enforcement officer of a power under subsection (2).
For the purposes of this section, the following persons are enforcement officers:
- all constables; and all
police employees who are not constables
authorised for the purpose by the Commissioner of
Police:
- all members of the New Zealand Defence Force authorised for
the purpose by the Chief of Defence Force:
- harbourmasters employed or engaged by any harbour
controlling authority:
- 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).


