Maritime Security Act 2004

59 Chief executive may declare exclusion zones for ships

(1)

The chief executive may declare an exclusion zone around a ship if—

(a)

the chief executive—

(i)

considers it necessary for the maintenance of effective security for that ship following consultation with the master; and

(ii)

has consulted the chief executives of—

(A)

the New Zealand Police; and

(B)

the New Zealand Customs Service; and

(C)

the Ministry of Agriculture and Forestry; and

(D)

the department of State that, with the authority of the Prime Minister, is for the time being responsible for the administration of the Immigration Act 2009; and

(E)

the Ministry of Health; and

(F)

any other department of State whose operations may, in the opinion of the chief executive, be affected by the action; and

(iii)

has consulted the local—

(A)

harbourmaster; and

(B)

port facility operator; and

(C)

medical officer of health; and

(b)

that ship is—

(i)

berthed in port or is at an anchorage; or

(ii)

moored at a buoy; or

(iii)

in the approaches to a port.

(2)

If the chief executive makes a declaration under subsection (1), the chief executive must notify the master, the port facility security officer, the port facility operator, and the harbourmaster by the means of communication, whether or not of a permanent nature, that the chief executive considers appropriate in the circumstances.

Section 59(1)(a)(ii)(D): substituted, at 2 am on 29 November 2010, by section 406(1) of the Immigration Act 2009 (2009 No 51).