Submarine Cables and Pipelines Protection Order 2006

Reprint
as at 1 December 2010

Coat of Arms of New Zealand

Submarine Cables and Pipelines Protection Order 2006

(SR 2006/207)

Silvia Cartwright, Governor-General

Order in Council

At Wellington this 31st day of July 2006

Present:
Her Excellency the Governor-General in Council


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 order is administered by the Ministry of Transport.


Pursuant to section 12(1) of the Submarine Cables and Pipelines Protection Act 1996, Her Excellency the Governor-General, acting on the recommendation of the Minister of Transport and on the advice and with the consent of the Executive Council, makes the following order.

Order

1 Title
  • This order is the Submarine Cables and Pipelines Protection Order 2006.

2 Commencement
  • This order comes into force 28 days after the date of its notification in the Gazette.

3 Interpretation
  • (1) In this order, fishing vessel means a ship that is capable of being used for fishing.

    (2) Positions stated in this order are expressed in terms of the co-ordinates used in the—

    • (a) New Zealand Geodetic Datum 1949; and

    • (b) World Geodetic System 1984.

4 Protected area
  • (1) The area within the territorial sea or internal waters of New Zealand described in the Schedule is a protected area for the purposes of the Submarine Cables and Pipelines Protection Act 1996 in respect of all ships.

    (2) Subclause (1) does not apply to—

    • (a) a ship that is—

      • (i) being used for research carried out by or for the Ministry of Fisheries, as long as the research is carried out without directly or indirectly attaching any of the ship to the seabed, whether by anchoring or by any other means; or

      • (ii) being used for constructing, repairing, maintaining, or servicing the Pohokura gas field off-shore platforms, submarine pipelines, and associated off-shore facilities; or

      • (iii) engaged in an activity other than commercial fishing and is no more than 9 metres in length, as long as the activity is carried out without directly or indirectly attaching any of the vessel to the sea bed, whether by anchoring or any other means:

    • (b) a fishing vessel that is being used for crayfishing, or paua or kina fishing, as long as those activities are carried out—

      • (i) without directly or indirectly attaching any of the fishing vessel to the seabed, whether by anchoring or by any other means; and

      • (ii) during the hours of daylight.

    Clause 4(2)(a)(iii): amended, on 1 December 2010, by clause 4(1) of the Submarine Cables and Pipelines Protection Order 2006 Amendment Order 2010 (SR 2010/380).

    Clause 4(2)(b): amended, on 1 December 2010, by clause 4(2) of the Submarine Cables and Pipelines Protection Order 2006 Amendment Order 2010 (SR 2010/380).


Schedule
Protected area

cl 4(1)

Area expressed in terms of co-ordinates used in New Zealand Geodetic Datum 1949

All that area bounded by straight lines commencing at position 38°58.451′S, 174°17.064′E, then to position 38°58.207′S, 174°17.229′E, then to position 38°54.913′S, 174°15.916′E, then by the arc of a circle of 500 metres radius centred in position 38°54.833′S, 174°16.246′E, to position 38°54.752′S, 174°16.576′E, then by straight lines to position 38°58.261′S, 174°17.976′E, then to position 38°58.703′S, 174°17.677′E, then by the arc of a circle of 500 metres radius centred in position 38°58.577′S, 174°17.370′E, to the position of commencement.

Area expressed in terms of co-ordinates used in World Geodetic System 1984

All that area bounded by straight lines commencing at position 38°58.345′S, 174°17.076′E, then to position 38°58.101′S, 174°17.241′E, then to position 38°54.807′S, 174°15.928′E, then by the arc of a circle of 500 metres radius centred in position 38°54.727′S, 174°16.258′E, to position 38°54.647′S, 174°16.588′E, then by straight lines to position 38°58.155′S, 174°17.988′E, then to position 38°58.598′S, 174°17.689′E, then by the arc of a circle of 500 metres radius centred in position 38°58.471′S, 174°17.382′E, to the position of commencement.

Diane Morcom,
Clerk of the Executive Council.


Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 3 August 2006.


Contents

  • 1General

  • 2Status of reprints

  • 3How reprints are prepared

  • 4Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • 5List of amendments incorporated in this reprint (most recent first)


Notes
1 General
  • This is a reprint of the Submarine Cables and Pipelines Protection Order 2006. The reprint incorporates all the amendments to the order as at 1 December 2010, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/ .

2 Status of reprints
  • Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

    This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared
  • A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989
  • Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

    A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

    In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:

    • omission of unnecessary referential words (such as of this section and of this Act)

    • typeface and type size (Times Roman, generally in 11.5 point)

    • layout of provisions, including:

      • indentation

      • position of section headings (eg, the number and heading now appear above the section)

    • format of definitions (eg, the defined term now appears in bold type, without quotation marks)

    • format of dates (eg, a date formerly expressed as the 1st day of January 1999 is now expressed as 1 January 1999)

    • position of the date of assent (it now appears on the front page of each Act)

    • punctuation (eg, colons are not used after definitions)

    • Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly

    • case and appearance of letters and words, including:

      • format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)

      • small capital letters in section and subsection references are now capital letters

    • schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly

    • running heads (the information that appears at the top of each page)

    • format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)