“Cable” includes an electric line within the meaning of section 319 of the Public Works Act 1928 and a line within the meaning of section 141 of the Post Office Act 1959:

“High seas” means all parts of the sea that are not included in the territorial sea or in the internal waters of any country:

“Low-water mark”, in relation to New Zealand, has the meaning assigned thereto by the Territorial Sea and Fishing Zone Act 1965:

“New Zealand ship” means a New Zealand ship within the meaning of the Crimes Act 1961:

“Pipeline” means a pipeline used or intended to be used for the conveyance of gas (including natural gas), petroleum, oil, water, or any other mineral, liquid, or substance; and includes all fittings, pumps, tanks, appurtenances, or appliances used in connection with a pipeline:

“Ship” means every description of vessel (including barges, lighters, and like vessels) used in navigation, however propelled:

“Submarine cable” means a cable which lies beneath the high seas, or the territorial sea or internal waters of New Zealand:

“Submarine pipeline” means a pipeline which lies beneath the high seas, or the territorial sea or internal waters of New Zealand.

3 Application of Act

(1)

For the purpose of jurisdiction in respect of offences against this Act or regulations under this Act, and subject to section 8 of this Act, this Act applies to all acts or omissions—

(a)

By any person (whether or not a New Zealand citizen or ordinarily resident in New Zealand) within the territorial sea or internal waters of New Zealand; or

(b)

By any person (whether or not a New Zealand citizen or ordinarily resident in New Zealand) on board or by means of a New Zealand ship on the high seas; or

(c)

By a New Zealand citizen or a person ordinarily resident in New Zealand on board or by means of any ship on the high seas.

(2)

This Act does not apply to any part of a cable or pipeline situated on the landward side of low-water mark in any area nor to any part of a cable or pipeline not ordinarily beneath the surface of the sea.

4 Offence to break or injure submarine cable or pipeline

(1)

Any person who, wilfully, breaks or injures or causes or permits a ship to break or injure a submarine cable or submarine pipeline, commits an offence against this Act, and shall be liable on summary conviction to imprisonment for a term not exceeding three months or to a fine not exceeding five hundred pounds, or to both.

(2)

Notwithstanding the provisions of subsection (1) of this section, it shall be a defence to a prosecution under this section if the breakage or injury to which the prosecution relates was caused by persons acting with the sole object of saving their lives or their ships after having taken all necessary precautions to avoid the breakage or injury.

(3)

For the purposes of this section, any person who causes an event by an act or omission which he knows or ought to know would probably cause it, being reckless whether that event happens or not, shall be deemed to have caused it wilfully.

5 Absolute liability in respect of damage to cables or pipelines

If any person, in the course of laying or repairing a submarine cable or submarine pipeline of which he is the owner, causes a break in or injury to another submarine cable or submarine pipeline, he shall be liable, in addition to any other liability to which he may be subject, to bear the cost of repairing the break or injury, whether or not he has been guilty of any offence and whether or not the damage was caused through his negligence.

6 Indemnity for loss of gear

If, after all reasonable precautionary measures have been taken, an anchor, a net, or any other fishing gear belonging to a ship is sacrificed in order to avoid injuring a submarine cable or submarine pipeline, the owner of the ship shall be entitled to be indemnified for his loss by the owner of the cable or pipeline.

7 Protected and restricted areas

(1)

The Governor-General may from time to time by Order in Council declare any area within the territorial sea or internal waters of New Zealand to be a protected area for the purposes of this Act.

(2)

The Governor-General may from time to time by Order in Council declare any area within the fishing zone of New Zealand to be a restricted area for the purposes of this Act.

(3)

Any Order in Council under this section may prescribe such terms and conditions as the Governor-General in Council thinks necessary or desirable for the protection of submarine cables and submarine pipelines and may apply generally in respect of any area to which it relates or in respect of specified areas or classes of areas and may also apply generally in respect of all ships or in respect of specified ships or classes of ships.

(4)

Subject to any Order in Council under this section, any person who conducts, or causes or permits to be conducted, fishing operations from a ship in a protected or restricted area or who anchors, or causes or permits to be anchored, a ship in any such area, or who commits a breach of any terms or conditions prescribed by any Order in Council under this section, commits an offence against this Act and shall be liable on summary conviction to imprisonment for a term not exceeding three months or to a fine not exceeding five hundred pounds, or to both.

(5)

Notwithstanding the provisions of this section, it shall be a defence to a prosecution under this section if any anchoring to which the prosecution relates was made necessary by force majeure or for the purpose of saving life or a ship in distress.

8 Leave of Attorney-General to prosecute

Notwithstanding anything in any other enactment, proceedings for the trial and punishment of any person charged with having committed an offence against this Act or regulations under this Act shall not be instituted in any Court except with the consent of the Attorney-General and on his certificate that it is expedient that the proceedings should be instituted.

9 Civil liability

Notwithstanding the provisions of any other enactment, liability for damages in respect of any break or injury to a submarine cable or submarine pipeline shall, except as expressly provided by this Act, be determined in accordance with the general law for the time being in force in respect of liability in tort.

10 Other Acts not affected

The provisions of this Act are in addition to and not in substitution for the provisions of any other enactment and, except as expressly provided by this Act, nothing in this Act shall derogate from the provisions of any other enactment.

11 Repeal

The Submarine Telegraph Act 1885, being an Act of the Parliament of the United Kingdom, shall cease to have effect as part of the law of New Zealand.

12 Act to bind Crown

This Act shall bind the Crown.

13 Regulations

The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:

(a)

Regulating the navigation or conduct of ships engaged in the laying, repairing, or maintenance of submarine cables or submarine pipelines and prescribing the lights or signals to be displayed by any such ships while engaged in any such operations:

(b)

Prescribing the duties of owners of submarine cables or submarine pipelines in respect of the marking or definition of those cables and pipelines and prescribing records to be kept in respect of the location of any such cables or pipelines:

(c)

Regulating the navigation or conduct of ships in relation to other ships engaged in the laying, repairing, or maintenance of submarine cables or submarine pipelines or in relation to any such cables or pipelines or in relation to any buoys or signals indicating the presence or proximity of any such cables or pipelines:

(d)

Prescribing the duties of persons in respect of reporting damage caused or likely to be caused to submarine cables or submarine pipelines:

(e)

Prescribing offences against the regulations and defining the persons or classes of persons liable to conviction for any such offences:

(f)

Prescribing penalties for offences against the regulations, not exceeding imprisonment for a term not exceeding three months or a fine not exceeding five hundred pounds:

(g)

Providing for such matters as are contemplated by or necessary for giving full effect to the provisions of this Act and for the due administration thereof.

This Act is administered in the Department of External Affairs.

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Submarine Cables and Pipelines Protection Act 1966