Reprint as at 1 October 2008

Maritime Security Act 2004

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

Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

This Act is administered by the Ministry of Transport.

1 Title

Part 1
Preliminary provisions

6 Act binds the Crown

Part 2
Ship and port facility security

Designated Authority

7 Appointment of Designated Authority

8 Principal objectives of Designated Authority

9 Functions and duties of Designated Authority

Chief executive

10 Functions and duties of chief executive

11 Chief executive may delegate certain functions and powers

12 When declaration of security required

13 Request for declaration of security

14 Alternative security agreements

15 Equivalent security arrangements

16 Chief executive must specify security levels for ships and port facilities

17 Chief executive must ensure provision of security level information

18 Chief executive must test security plans

Ship security

19 Appointment of company security officers

20 Masters and companies must comply with ship security levels

21 Ship security assessment

22 Ship security plans

23 Ship security plan approval

24 Amendments to approved ship security plans

25 Review of decisions to not approve ship security plans

26 Ship must have ship security plan on board

27 Ships required to have ship security systems

28 Chief executive must notify alert

29 Certificate must be held on board

30 Advice required of ships intending to enter ports

31 Control of ships in ports

32 Inspection of security plans

33 Costs of detention

34 Steps to take if ship does not comply with Act

35 Certain provisions do not apply if master withdraws intention to enter port

36 Additional requirements

37 Master's responsibilities for ship safety and security

Port security

38 Duties of port facility operators

39 Port facility security assessments

40 Port facility security plans

41 Port facility security plan approval

42 Amendments to approved port facility security plans

43 Review of decision not to approve port facility security plans

Part 3
Preventive security measures

44 Appointment of maritime security organisations

45 Designation of port security areas

46 Restrictions with respect to port security areas

47 Powers and duties of Minister to require screening and searching

48 Powers and duties of chief executive to require screening and searching

49 Duration of directions

50 Taking weapons on to ships or into port security areas

51 Screening and searching powers

52 Power to seize items

53 Costs of seizures

54 Persons who refuse to consent to be screened or searched

55 Search of persons refusing consent to be searched

56 Powers of arrest

57 Arrest of persons delivered to Police

58 Right of access to port security areas and ships

59 Chief executive may declare exclusion zones for ships

60 Duration of declarations

61 No person, craft, or vessel may enter or leave exclusion zones without authorisation

Part 4
Miscellaneous provisions

Maritime security documents

62 Acceptance of Convention documents

Ceasing work

63 Employees may cease work if security level 3 specified

Appeal rights

64 Right of appeal to District Court

Offences

65 Offences by masters

66 Offences by companies

67 Offences by masters and companies

68 Failure to comply with control measures

69 Failure to comply with steps

70 Offences by port facility operator

71 Failure to provide satisfactory evidence of name and address or authorisation to be in port security area

72 Failure to leave port security area

73 Entering or leaving exclusion zone without authorisation

74 Personation or obstruction of authorised person

75 Defence

Regulations

76 Regulations

77 Exemptions from regulations

78 Minister may extend application of Act

Miscellaneous

79 Inspections and audits

80 Instructions of chief executive under certain provisions that conflict with other instructions

81 Consequential amendments

Schedule
Consequential amendments to Maritime Regulations and Maritime Rules

Reprint notes

New Zealand Legislation: Acts

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Maritime Security Act 2004 No 16 (as at 01 October 2008), Public Act

Maritime Security Act 2004

Note

Contents

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