New Zealand Legislation: Acts
Acts are laws made by Parliament
In this Act, unless the context otherwise requires,—
authorised person means—
(a) a maritime security officer; or
(b) a constable; or
(c) a Customs officer
certificate means a valid International Ship Security Certificate issued under section 9(1)(l) or a valid Interim International Ship Security Certificate issued under section 9(1)(l)
chief executive means the person who for the time being is the chief executive officer of the Designated Authority
Code means the International Code for the Security of Ships and of Port Facilities, consisting of Part A (the provisions of which are mandatory) and Part B (the provisions of which are recommendatory), as adopted, on 12 December 2002, by resolution 2 of the Conference of Contracting Governments to the Convention, and as may be amended by the International Maritime Organization, provided that—
(a) amendments to Part A of the Code are adopted, are brought into force, and take effect in accordance with article VIII of the Convention concerning the amendment procedures applicable under the Annex of the Convention other than Chapter I of that Annex; and
(b) amendments to Part B of the Code are adopted by the Maritime Safety Committee of the International Maritime Organization in accordance with its Rules of Procedure
company means the owner of the ship or any other organisation or person who has assumed the responsibility for the operation of the ship from the owner of the ship and who, on assuming such responsibility, has agreed to take over all the duties and responsibilities imposed by the International Safety Management Code
company security officer means the person designated by the company to—
(a) ensure that—
(i) a ship security assessment is carried out; and
(ii) a ship security plan is developed, submitted for approval, implemented, and maintained; and
(b) liaise with port facility security officers and the ship security officer
Convention means the International Convention for the Safety of Life at Sea, done at London on 1 November 1974; and includes—
(a) the Annex and Appendix to that Convention; and
(b) all amendments of that Convention; and
(c) all protocols to that Convention
Customs officer has the same meaning as in section 2(1) of the Customs and Excise Act 1996
declaration of security means an agreement between a ship and a port facility, or another ship, with which it interfaces that specifies the security measures each must implement
Designated Authority means the authority appointed under section 7
high-speed craft means a craft capable of a maximum speed in metres per second equal to or exceeding—
3.7
0.1667
where is the displacement corresponding to the design waterline (m3)
in writing means printed, typewritten, or otherwise visibly represented, copied, or reproduced, including by fax or email or other electronic means
International Safety Management Code means the International Management Code for the Safe Operation of Ships and for Pollution Prevention adopted on 4 November 1993 by the International Maritime Organization by Resolution A.741(18), as amended from time to time by the International Maritime Organization
maritime security document means a document issued or approved by a party to the Convention for the purposes of the Code
maritime security officer means an employee of a maritime security organisation who carries out maritime security functions
maritime security organisation means an organisation appointed by the Governor-General by Order in Council under section 44
master has the same meaning as in section 2(1) of the Maritime Transport Act 1994
medical officer of health has the same meaning as in section 2(1) of the Health Act 1956
Minister means the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of this Act
mobile offshore drilling unit means a mechanically propelled unit or vessel that is capable of engaging in drilling operations for the exploration for, or exploitation of, resources beneath the seabed such as liquid or gaseous hydrocarbons, sulphur, or salt
New Zealand continental waters has the same meaning as in section 222(1) of the Maritime Transport Act 1994
New Zealand ship has the same meaning as in section 2(1) of the Ship Registration Act 1992
oil tanker means an oil tanker as defined in regulation 1 of Annex 1 of the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships 1973
passenger ship means a ship that carries more than 12 passengers
port has the same meaning as in section 2(1) of the Maritime Transport Act 1994
port facility means a location, as determined by the chief executive, where the ship-port interface takes place, including areas such as anchorages, waiting berths, and approaches from seaward; and includes fixed and floating platforms
port facility operator means—
(a) the owner of the port facility; or
(b) if the owner is not responsible for the management of the port facility,—
(i) the manager of the port facility; or
(ii) any other person who is, for the time being, responsible for the management of the port facility
port facility security officer means the person designated by the operator of a port facility as responsible for the development, implementation, revision, and maintenance of the port facility security plan and for liaison with the ship security officer
port facility security plan means a plan developed to ensure the application of measures designed to protect the port facility and ships, persons, cargo, cargo transport units, and ship's stores within the port facility from the risks of a security incident
port security area means an area designated under section 45 as a port security area
recognised security organisation means an organisation with appropriate expertise in security matters and with appropriate knowledge of ship and port operations that is authorised under section 9(j)
security incident means any suspicious act or circumstance threatening the security of a—
(a) ship; or
(b) port facility; or
(c) ship-port interface; or
(d) ship-to-ship activity
security level means the quantification of the degree of risk that a security incident will be attempted or will occur
security level 1 means the level for which minimum appropriate protective security measures must be maintained at all times
security level 2 means the level for which appropriate additional protective security measures must be maintained for a period of time as a result of heightened risk of a security incident
security level 3 means the level for which further specific protective security measures must be maintained for a limited period of time when a security incident is probable or imminent, although it may not be possible to identify the specific target
ship means every description of self-propelled boat or craft used in navigation, and includes—
(a) a hovercraft or other thing deriving full or partial support in the atmosphere from the reaction of air against the surface of the water over which it operates:
(b) a submarine or other submersible:
(c) a high-speed craft:
(d) a mobile offshore drilling unit
ship-port interface means the interactions that occur when a ship is directly and immediately affected by actions involving the movement of persons, goods, or the provision of port services to or from the ship
ship security officer means the person on board the ship who is accountable to the master and designated by the company as responsible for the security of the ship, including the implementation and maintenance of the ship security plan, and for liaison with the port facility security officer
ship security plan means a plan developed to ensure the application of measures on board the ship designed to protect persons on board, cargo, cargo transport units, ship's stores, or the ship from the risks of a security incident
ship-to-ship activity means any activity not related to a port facility that involves the transfer of goods or persons from one ship to another
ship's administration means the government of the State in which the ship is registered
suspicious act does not include the lawful exercise of any right to demonstrate, protest, or strike.
Compare: Annex to the Convention, Chapter XI-2 r 1; Code, Part A s 2
Section 5 authorised person paragraph (b): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).