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Reserves Act 1977

Miscellaneous provisions - Offences

100: Stopping and searching of boats

You could also call this:

"Rules for when officers can stop and search boats in New Zealand waters"

Illustration for Reserves Act 1977

If you are on a boat in New Zealand's territorial sea, an officer can stop and search your boat if they think someone on the boat has broken the law. The officer can look at and take any plants, animals, rocks, or soil that they think were taken from a reserve. You can be arrested if the officer thinks you have broken the law. The officer must follow certain rules when searching your boat, which are outlined in the Search and Surveillance Act 2012. If you are arrested, you will be taken to court as soon as possible. An officer is someone like a naval officer, a ranger, a police officer, or the master of a New Zealand Government ship. If you stop an officer from doing their job, you can get in trouble with the law. In this law, a boat includes all the equipment on it.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM445003.

Topics:
Crime and justice > Police and safetyEnvironment and resources > ConservationTransport and travel > Boating
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Part 5Miscellaneous provisions
Offences

100Stopping and searching of boats

  1. Any officer who has good cause to suspect that an offence against this Act or any regulations made under section 123 or any bylaw made under section 106 has been committed on or from or in respect of any boat or by any person on any boat, he or she may, while that boat is within the territorial sea of New Zealand (as defined in section 3 of the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977),—

  2. stop, board, and search the boat; and
    1. inspect, seize, and detain any specimens of flora or fauna or rock mineral or soil or protected New Zealand objects on board which he or she has good cause to suspect of having been taken from a reserve; and
      1. arrest without warrant any person whom he or she has good cause to suspect of having committed such an offence.

        1. The provisions of Part 4 of the Search and Surveillance Act 2012 (except subpart 3) apply in respect of any entry, search, or seizure conducted under this section.

        2. The production by any officer referred to in paragraph (b) or paragraph (c) or paragraph (d) of subsection (7) of his or her warrant, instrument of appointment, or other evidence of identification shall be sufficient evidence of the authority of that officer to exercise the powers conferred by subsection (1).

        3. Where an officer arrests any person under subsection (1)(c), he or she shall cause that person to be brought before a court as soon as possible, to be dealt with according to law.

        4. Without limiting the provisions of section 98, any person who in any way prevents or hinders any officer or any assistant of any officer in exercising any power conferred by this section commits an offence against this Act.

        5. Subsections (2) to (4), (7), and (8) of section 95 shall apply with respect to anything seized under subsection (1)(b) of this section as if it had been seized under section 95(1).

        6. In this section—

          boat includes all equipment on board any boat

            officer means—

            1. the officer in command of any vessel of the New Zealand Naval Forces:
              1. any ranger:
                  1. any constable:
                    1. the master of any New Zealand Government ship within the meaning of section 2(1) of the Shipping and Seamen Act 1952.

                    Notes
                    • Section 100(1): amended, on , pursuant to section 5(4) of the Territorial Sea and Exclusive Economic Zone Amendment Act 1996 (1996 No 74).
                    • Section 100(1)(b): amended, on , by section 35 of the Protected Objects Amendment Act 2006 (2006 No 37).
                    • Section 100(2): replaced, on , by section 299(6) of the Search and Surveillance Act 2012 (2012 No 24).
                    • Section 100(7)(c): repealed, on , by section 10(2) of the Reserves Amendment Act 1983 (1983 No 43).