New Zealand Acts

MARITIME TRANSPORT ACT 1994 - SECT 200B

200B Special enforcement powers may be exercised when this section applies

1 This section applies to a major maritime event or occasion that is subject to a notice under section 200A .

2 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:

a) stop and detain any ship, craft, or seaplane in the designated area:

b) remove any ship, craft, or seaplane or person from the designated area:

c) prevent any ship, craft, or seaplane or person from entering the designated area:

d) 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:

e) 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:

f) exercise any power that a harbourmaster may exercise for the purposes of ensuring maritime safety under Part 3A .

3 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.

4 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.

5 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—

a) 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

b) the person obstructs an enforcement officer while the officer is lawfully exercising a power under subsection (2); or

c) the person fails to comply with the lawful exercise by an enforcement officer of a power under subsection (2).

6 For the purposes of this section, the following persons are enforcement officers:

a) all constables; and all police employees who are not constables authorised for the purpose by the Commissioner of Police:

b) all members of the New Zealand Defence Force authorised for the purpose by the Chief of Defence Force:

c) harbourmasters employed or engaged by any harbour controlling authority:

d) 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.

History: Section 200B: inserted, on 19 December 1998, by section 2 of the Maritime Transport Amendment Act (No 2) 1998 (1998 No 116).   Section 200B(2)(f): amended, on 23 October 2013, by section 39 of the Maritime Transport Amendment Act 2013 (2013 No 84).     Section 200B(6)(a): amended, on 1 October 2008, pursuant to section 116(a)(vii) of the Policing Act 2008 (2008 No 72).     Section 200B(6)(a): amended, on 1 October 2008, pursuant to section 116(d) of the Policing Act 2008 (2008 No 72).