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Offshore Renewable Energy Bill

Administration and enforcement - Enforcement - Offences

148: Offence for entering or carrying out activity in safety zone

You could also call this:

"Breaking safety zone rules around offshore energy sites can lead to a big fine."

Illustration for Offshore Renewable Energy Bill

If you are the master of a ship, you could commit an offence if your ship enters or is in a safety zone without a good reason. Your ship's presence in the safety zone must not break the rules stated in a notice made under section 63. You could also commit an offence if you enter a safety zone without a good reason and you break the rules stated in a notice made under section 63. If you commit one of these offences, you could be fined up to $10,000.

If you are on a foreign ship and you commit one of these offences, the Attorney-General must agree before you can be taken to court in New Zealand. A good reason for breaking the rules includes saving a person's life, saving a ship, or keeping offshore renewable energy infrastructure safe. You must have done everything you could to avoid breaking the rules for it to be considered a good reason.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS992332.

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Part 4Administration and enforcement
Enforcement: Offences

148Offence for entering or carrying out activity in safety zone

  1. A person commits an offence if they are the master of a ship and, without reasonable excuse,—

  2. the ship enters or is present in a safety zone; and
    1. the ship’s presence, or the activity carried out by or on the ship, in the safety zone contravenes the restrictions declared in a notice made under section 63 in relation to the safety zone.

      1. A person commits an offence if, without reasonable excuse,—

      2. they enter a safety zone; and
        1. the person’s presence, or the activity carried out by the person, in the safety zone contravenes the restrictions declared in a notice made under section 63 in relation to the safety zone.

          1. A person who commits an offence against subsection (1) or (2) is liable on conviction to a fine not exceeding $10,000.

          2. No proceedings for an offence against this section may be brought in a New Zealand court without the consent of the Attorney-General in respect of an offence under this section committed by a person on board a foreign ship.

          3. For the purposes of subsections (1) and (2), a reasonable excuse for a contravention includes, but is not limited to, the following:

          4. it was necessary in order to save a person’s life or save a ship:
            1. it was necessary to secure the safety of ORE infrastructure or other structures or equipment:
              1. the person took all reasonable steps to avoid the contravention.