Plain language law

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Maritime Transport Act 1994

General offences and provisions in relation to offences and appeals under this Act - General provisions in respect of offences

415: Offences committed in foreign ports or on high seas by seafarers of New Zealand ships

You could also call this:

"Crimes on New Zealand ships: what happens if you break the law in another country"

If you are a seafarer on a New Zealand ship and you commit a crime against people or property in a foreign country, a proper officer in that country can investigate. They can ask you questions under oath and take steps to keep you safe until you can be sent to New Zealand or to the country where the crime can be dealt with. You will be kept in safe custody until you arrive in New Zealand or the other country. When you arrive, the master of the ship or pilot in charge will hand you over to the Police.

If you are in charge of someone who has allegedly committed a crime on a New Zealand ship, you must give that person to the Police when you arrive in New Zealand or the country you are heading to. The cost of keeping the alleged offender under control and transporting them to New Zealand or another country will be paid by the Authority, using money given by Parliament. This cost will be paid if it is not already covered as part of the cost of the court case.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM338373.

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Part 28General offences and provisions in relation to offences and appeals under this Act
General provisions in respect of offences

415Offences committed in foreign ports or on high seas by seafarers of New Zealand ships

  1. Whenever any complaint is made to any proper officer in a foreign country—

  2. that any person who is employed as a seafarer on any New Zealand ship has committed an offence against property or persons at any place outside New Zealand, whether on shore or afloat; or
    1. that any seafarer belonging to a New Zealand ship has committed an offence on the high seas,—
        1. that proper officer may inquire into the case upon oath or affirmation, and may, if the case so requires, take any measures in his or her power for the purpose of placing the person alleged to have committed the offence under the necessary restraint and of sending that person as soon as practicable in safe custody to New Zealand or, if any court in a country other than New Zealand is capable of taking cognisance of that offence, to that country.

      1. Any master of a New Zealand ship or pilot in command of a New Zealand aircraft in whose charge any person alleged to have committed an offence has been so placed shall, on the arrival of the ship or aircraft in New Zealand or, as the case may be, in the other country to which the ship or aircraft is bound, give the alleged offender into the custody of some member of the Police.

      2. The expense of placing any person referred to in subsection (1) under restraint, and of conveying him or her and any witnesses to New Zealand or any other country in any manner other than on board the ships to which they respectively belong, shall, where not paid as part of the costs of the prosecution, be paid by the Authority out of money appropriated by Parliament.

      Compare
      • 1952 No 49 s 485