Reserves Act 1977

Miscellaneous provisions - Offences

100A: Removal of boats in certain circumstances

You could also call this:

"When can an officer take your boat if you're breaking the law?"

If you are in charge of a boat and an officer thinks you are breaking the law, they can take your boat. This can happen if the officer thinks you will keep breaking the law or break it again. The officer can take your boat if it is in New Zealand's territorial sea, which is defined in the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977.

The officer can move your boat to a safe place, like a port or a spot far from the shore of a reserve. They can get help from others if they need it. If an officer shows you their warrant or ID, it proves they have the power to take your boat.

If you stop an officer or their helper from taking your boat, you can get in trouble with the law, as stated in section 98 and this section.

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This page was last updated on 18 September 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM445010.

Topics:

Transport and travel > BoatingCrime and justice > Police and safety

100: Stopping and searching of boats, or

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

101: Proceedings in respect of offences, or

"What happens when someone breaks a Reserves Act rule and gets taken to court"

Part 5Miscellaneous provisions
Offences

100ARemoval of boats in certain circumstances

Where any boat is found in circumstances such that any person who is an officer within the meaning of section 100 (in this section called the officer) has good cause to suspect that the person in charge of the boat is committing an offence against paragraph (d) or paragraph (da) of section 94(2) and the officer has good cause to suspect that the person in charge of the vessel is likely to continue to commit the offence or is likely to commit a further offence against those provisions, the officer may, while the 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), seize the boat and remove it to the nearest practicable port or place of safe anchorage, or to a safe position more than half a nautical mile from the shore of the reserve.
Any officer may exercise the powers conferred on him or her by subsection (1) with the aid of such assistants as he or she considers to be necessary for the purpose.
The production by any officer 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).
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.

Notes

Section 100A: inserted, on 27 December 1983, by section 12 of the Reserves Amendment Act 1983 (1983 No 43).
Section 100A(1): amended, on 1 August 1996, pursuant to section 5(4) of the Territorial Sea and Exclusive Economic Zone Amendment Act 1996 (1996 No 74).