Maritime Crimes Act 1999

Jurisdiction and application provisions

Heading: replaced, on 27 May 2018, by section 13 of the Maritime Crimes Amendment Act 2017 (2017 No 49).

8 Extra-territorial jurisdiction

(1)

This Act applies in relation to an offence that occurs beyond the outer limits of New Zealand’s territorial sea if—

(a)

the offence is committed—

(i)

against or on board a New Zealand ship; or

(ii)

against or on board a fixed platform located on New Zealand’s continental shelf; or

(iii)

against or on board a foreign ship and the flag State of the foreign ship has consented to New Zealand exercising jurisdiction in relation to the ship in accordance with the Rome Convention; or

(b)

the alleged offender is—

(i)

a New Zealand citizen; or

(ii)

a person ordinarily resident in New Zealand but not the citizen of any State; or

(iii)

present in New Zealand.

(2)

For the purposes of subsection (1)(a), an offence is deemed to be committed against or on board a ship or a fixed platform if any act or omission forming part of the offence, or any event necessary to the completion of the offence, occurs against or on board the ship or the fixed platform.

(3)

Subsection (2) does not limit or affect section 7 of the Crimes Act 1961.

Compare: Rome Convention, Art 6; Rome Protocol, Art 3

Section 8: replaced, on 27 May 2018, by section 13 of the Maritime Crimes Amendment Act 2017 (2017 No 49).