Ship Registration Act 1992

58 National colours and other flags

(1)

Except as otherwise provided in any other Act, New Zealand Government ships shall fly the New Zealand Flag.

(2)

New Zealand ships other than New Zealand Government ships shall fly either the New Zealand Flag or the marine flag of New Zealand, but shall not fly both flags.

(3)

Subject to subsection (4), every New Zealand ship required or entitled to fly the New Zealand national colours shall fly the appropriate national colours in the following circumstances:

(a)

when signalled to do so by any ship set aside for or being used by the Armed Forces of New Zealand:

(b)

while berthed or at anchor, during daylight hours, or entering or leaving or underway in any port in a foreign country:

(c)

while berthed or at anchor, during daylight hours, or entering or leaving or underway in any port in New Zealand.

(4)

Subsection (3)(c) applies only to ships registered under section 6(1) and ships (other than barges) registered under section 8(1).

(5)

The master of any New Zealand ship required or entitled to fly the New Zealand national colours commits an offence and is liable on conviction to a fine not exceeding $5,000 if the ship—

(a)

fails to comply with any provision of subsection (3); or

(b)

flies national colours other than those specified in respect of the ship by this section.

Compare: 1952 No 49 ss 5, 6; Shipping Registration Act 1981 s 30 (Aust)

Section 58(5): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).