Maritime Security Act 2004

  • This version was replaced on 25 August 2016 to make corrections to section 81(9) and the Schedule under section 25(1)(j)(i) of the Legislation Act 2012.

Reprint as at 1 January 2016

Coat of Arms of New Zealand

Maritime Security Act 2004

Public Act
 
2004 No 16
Date of assent
 
5 April 2004
Commencement
 
see section 2
Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Ministry of Transport.

Contents

1Title
2Commencement
3Purpose
4Application
5Interpretation
6Act binds the Crown
7Appointment of Designated Authority
8Principal objectives of Designated Authority
9Functions and duties of Designated Authority
10Functions and duties of chief executive
11Chief executive may delegate certain functions and powers
12When declaration of security required
13Request for declaration of security
14Alternative security agreements
15Equivalent security arrangements
16Chief executive must specify security levels for ships and port facilities
17Chief executive must ensure provision of security level information
18Chief executive must test security plans
19Appointment of company security officers
20Masters and companies must comply with ship security levels
21Ship security assessment
22Ship security plans
23Ship security plan approval
24Amendments to approved ship security plans
25Review of decisions to not approve ship security plans
26Ship must have ship security plan on board
27Ships required to have ship security systems
28Chief executive must notify alert
29Certificate must be held on board
30Advice required of ships intending to enter ports
31Control of ships in ports
32Inspection of security plans
33Costs of detention
34Steps to take if ship does not comply with Act
35Certain provisions do not apply if master withdraws intention to enter port
36Additional requirements
37Master’s responsibilities for ship safety and security
38Duties of port facility operators
39Port facility security assessments
40Port facility security plans
41Port facility security plan approval
42Amendments to approved port facility security plans
43Review of decision not to approve port facility security plans
44Appointment of maritime security organisations
45Designation of port security areas
46Restrictions with respect to port security areas
47Powers and duties of Minister to require screening and searching
48Powers and duties of chief executive to require screening and searching
49Duration of directions
50Taking weapons on to ships or into port security areas
51Screening and searching powers
52Power to seize items
53Costs of seizures
54Persons who refuse to consent to be screened or searched
55Search of persons refusing consent to be searched
56Powers of arrest
57Arrest of persons delivered to Police
58Right of access to port security areas and ships
59Chief executive may declare exclusion zones for ships
60Duration of declarations
61No person, craft, or vessel may enter or leave exclusion zones without authorisation
62Acceptance of Convention documents
63Employees may cease work if security level 3 specified
64Right of appeal to District Court
65Offences by masters
66Offences by companies
67Offences by masters and companies
68Failure to comply with control measures
69Failure to comply with steps
70Offences by port facility operator
71Failure to provide satisfactory evidence of name and address or authorisation to be in port security area
72Failure to leave port security area
73Entering or leaving exclusion zone without authorisation
74Personation or obstruction of authorised person
75Defence
76Regulations
77Exemptions from regulations
78Minister may extend application of Act
78AOrders are confirmable instruments
79Inspections and audits
80Instructions of chief executive under certain provisions that conflict with other instructions
81Consequential amendments
Reprint notes