Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977

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Reprint as at 15 December 2005

Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977

Public Act		1977 No 28
Date of assent		26 September 1977
Commencement		see section 1

Act name: amended, on 1 August 1996, by section 5(1) of the Territorial Sea and Exclusive Economic Zone Amendment Act 1996 (1996 No 74).

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 Foreign Affairs and Trade.

	Title
1	Short Title and commencement
2	Interpretation
	Part 1 The territorial sea of New Zealand
3	The territorial sea
4	Internal waters
5	Baseline of territorial sea
6	Baseline of territorial sea adjacent to bay
6A	Straight baselines
7	Bed of territorial sea and internal waters vested in Crown [Repealed]
8	Regulations in territorial sea
	Part 1A The contiguous zone of New Zealand
8A	The contiguous zone
	Part 2 The exclusive economic zone of New Zealand
9	The exclusive economic zone
10	Seas in zone to be New Zealand fisheries waters
11	Calculation of total allowable catch [Repealed]
12	Calculation of allowable catch by foreign fishing craft [Repealed]
13	Apportionment of allowable catch for foreign fishing craft [Repealed]
14	Prohibition of operation of unauthorised foreign fishing craft in zone [Repealed]
15	Grant of licences [Repealed]
16	Renewal of licences [Repealed]
17	Variation of licences [Repealed]
18	Fees and royalties [Repealed]
19	Licensing offences [Repealed]
20	Suspension and cancellation of licences [Repealed]
21	Review by courts [Repealed]
22	Fisheries regulations [Repealed]
23	Fishing for research, experimental, and sporting purposes [Repealed]
24	Apprehension of offenders [Repealed]
25	Security for release of foreign fishing craft [Repealed]
26	Administrative penalties for minor fisheries offences [Repealed]
27	General regulations in zone
28	General provisions as to offences in zone
	Part 3 Miscellaneous provisions
29	Interim and transitional measures [Repealed]
30	Modifications to give effect to international agreement
31	Official charts
32	Onus of proof in respect of certain offences
32A	Certificates as evidence [Repealed]
33	Amendments, repeal, and savings
	Schedule Enactments amended
	Reprint notes

An Act to make provision with respect to the territorial sea and the contiguous zone of New Zealand; and to establish an exclusive economic zone of New Zealand adjacent to the territorial sea, and in the exercise of the sovereign rights of New Zealand to make provision for the exploration and exploitation, and conservation and management, of the resources of the zone; and for matters connected with those purposes

Title: amended, on 1 August 1996, by section 5(2) of the Territorial Sea and Exclusive Economic Zone Amendment Act 1996 (1996 No 74).

1 Short Title and commencement

(1)

This Act may be cited as the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977.

(2)

Section 29 shall come into force on the passing of this Act.

(3)

Except as provided in subsection (2), the provisions of this Act shall come into force on a date to be appointed by the Governor-General by Order in Council.

(4)

For the purposes of subsection (3), 1 or more Orders in Council may be made—

(a)

bringing different provisions of this Act into force on different dates; and

(b)

bringing provisions of this Act into force on different dates in respect of specified parts of New Zealand.

Section 1(3): sections 1, 2, Part 1, sections 31, 32, 33(1) (with specified exceptions), and 33(2)–(4) brought into force in respect of the parts of New Zealand specified in Part B of the Schedule of the order, on 1 October 1977, by the Territorial Sea and Exclusive Economic Zone Act Commencement Order 1977 (SR 1977/245).

Section 1(3): the rest of this Act brought into force in respect of the parts of New Zealand specified in Part B of the Schedule of the order, on 1 April 1978, by the Territorial Sea and Exclusive Economic Zone Act Commencement Order 1978 (SR 1978/62).

Section 1(1): amended, on 1 August 1996, by section 5(3) of the Territorial Sea and Exclusive Economic Zone Amendment Act 1996 (1996 No 74).

2 Interpretation

(1)

In this Act, unless the context otherwise requires,—

bay means an indentation of the coast such that its area is not less than that of the semicircle whose diameter is a line drawn across the mouth of the indentation (for the purposes of which definition—

(a)

the area of an indentation shall be taken to be the area bounded by low-water mark around the shore of the indentation and the straight line joining the low-water marks of its natural entrance points; and

(b)

where, because of the presence of islands, an indentation has more than 1 mouth, the length of the diameter of the semicircle referred to shall be the sum of the lengths of the straight lines drawn across each of the mouths; and

(c)

in calculating the area of an indentation, the area of any islands lying within it shall be treated as part of the area of the indentation)

exclusive economic zone and zone mean the exclusive economic zone of New Zealand described in section 9

highly migratory species means species that, in the course of their life cycle, migrate over great distances of ocean

international agreement means any bilateral or multilateral treaty, convention, or agreement, to which New Zealand is a party, and any understanding concluded by the Government of New Zealand and the Government of any other country

island means a naturally formed area of land that is surrounded by and above water at mean high-water spring tides

low-tide elevation means a naturally formed area of land that is surrounded by and above water at mean low-water spring tides but is submerged at mean high-water spring tides

low-water line or low-water mark means the line representing the intersection with the shore of the plane of the Lowest Astronomical Tide (LAT)

Lowest Astronomical Tide (LAT) means the lowest tide level which can be predicted to occur under average meteorological conditions and under any combination of astronomical conditions

median line as between New Zealand and any other country, means a line every point of which is equidistant from the nearest points of the baseline of the territorial sea of New Zealand and the corresponding baseline of that other country

Minister means the Minister of Fisheries

nautical mile means the international nautical mile of 1 852 metres

New Zealand (except for the purposes of Part 2 and section 29) includes the Ross Dependency

New Zealand fisheries waters has the same meaning as it has in section 2(1) of the Fisheries Act 1983

New Zealand fishing craft means a fishing craft—

(a)

that is a New Zealand ship within the meaning of section 2(1) of the Maritime Transport Act 1994; or

(b)

that is an aircraft registered in New Zealand under the Civil Aviation Act 1990; or

(c)

in which no person who is not a New Zealand citizen has any legal or equitable interest (except by way of security only for any advance made by him or her to the owner)

New Zealand Government ship means a ship that belongs to Her Majesty or is held by any person on behalf of or for the benefit of Her Majesty; but does not include a ship that is set aside for or used by the New Zealand Defence Force

prescribed means prescribed by regulations made under this Act.

(2)

For the purposes of this Act, permanent harbour works that form an integral part of a harbour system shall be treated as forming part of the coast.

Section 2(1) fish: repealed, on 1 October 2001, by section 316(1) of the Fisheries Act 1996 (1996 No 88).

Section 2(1) fishery: repealed, on 1 October 2001, by section 316(1) of the Fisheries Act 1996 (1996 No 88).

Section 2(1) fishing: repealed, on 1 October 2001, by section 316(1) of the Fisheries Act 1996 (1996 No 88).

Section 2(1) fishing craft: repealed, on 1 October 2001, by section 316(1) of the Fisheries Act 1996 (1996 No 88).

Section 2(1) foreign fishing craft: repealed, on 1 October 2001, by section 316(1) of the Fisheries Act 1996 (1996 No 88).

Section 2(1) licence: repealed, on 1 October 2001, by section 316(1) of the Fisheries Act 1996 (1996 No 88).

Section 2(1) licensee: repealed, on 1 October 2001, by section 316(1) of the Fisheries Act 1996 (1996 No 88).

Section 2(1) low-water line or low-water mark: inserted, on 15 December 2005, by section 3 of the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Amendment Act 2005 (2005 No 115).

Section 2(1) Lowest Astronomical Tide (LAT): inserted, on 15 December 2005, by section 3 of the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Amendment Act 2005 (2005 No 115).

Section 2(1) master: repealed, on 1 October 2001, by section 316(1) of the Fisheries Act 1996 (1996 No 88).

Section 2(1) New Zealand fisheries waters: substituted, on 1 October 1983, pursuant to section 108(1) of the Fisheries Act 1983 (1983 No 14).

Section 2(1) New Zealand fishing craft: substituted, on 1 February 1995, by section 203 of the Maritime Transport Act 1994 (1994 No 104).

Section 2(1) New Zealand Government ship: substituted, on 1 February 1995, by section 203 of the Maritime Transport Act 1994 (1994 No 104).

Section 2(1) owner: repealed, on 1 October 2001, by section 316(1) of the Fisheries Act 1996 (1996 No 88).

Section 2(1) shellfish: repealed, on 1 October 2001, by section 316(1) of the Fisheries Act 1996 (1996 No 88).

Section 2(1) take: repealed, on 1 October 2001, by section 316(1) of the Fisheries Act 1996 (1996 No 88).

Section 2(1) total allowable catch: repealed, on 1 October 2001, by section 316(1) of the Fisheries Act 1996 (1996 No 88).

Part 1 The territorial sea of New Zealand

3 The territorial sea

The territorial sea of New Zealand comprises those areas of the sea having, as their inner limits, the baseline described in sections 5 and 6 and 6A and, as their outer limits, a line measured seaward from that baseline, every point of which line is distant 12 nautical miles from the nearest point of the baseline.

Section 3: amended, on 1 August 1996, by section 3(1) of the Territorial Sea and Exclusive Economic Zone Amendment Act 1996 (1996 No 74).

4 Internal waters

The internal waters of New Zealand include any areas of the sea that are on the landward side of the baseline of the territorial sea of New Zealand.

5 Baseline of territorial sea

(1)

Except as otherwise provided in section 6 or section 6A, the baseline from which the breadth of the territorial sea of New Zealand is measured shall be the low-water mark along the coast of New Zealand, including the coast of all islands.

(2)

For the purposes of this section, a low-tide elevation that lies wholly or partly within the breadth of sea that would be territorial sea if all low-tide elevations were disregarded for the purpose of the measurement of the breadth of the territorial sea shall be treated as an island.

Section 5(1): amended, on 1 August 1996, by section 3(2) of the Territorial Sea and Exclusive Economic Zone Amendment Act 1996 (1996 No 74).

6 Baseline of territorial sea adjacent to bay

In the case of the sea adjacent to a bay, the baseline from which the breadth of the territorial sea is measured—

(a)

where the bay has only 1 mouth and the distance between the low-water marks of the natural entrance points of the bay does not exceed 24 nautical miles, shall be a straight line joining those low-water marks; and

(b)

where, because of the presence of islands, the bay has more than 1 mouth and the distances between the low-water marks of the natural entrance points of each mouth added together do not exceed 24 nautical miles, shall be a series of straight lines across each of the mouths so as to join those low-water marks; and

(c)

where neither paragraph (a) nor paragraph (b) applies, shall be a straight line 24 nautical miles in length drawn from low-water mark to low-water mark within the bay in such a manner as to enclose the maximum area of water that is possible with a line of that length.

6A Straight baselines

(1)

Subject to section 6, in the following circumstances the method of drawing straight lines joining points may be employed in drawing the baseline from which the breadth of the territorial sea is measured:

(a)

where a river flows directly into the sea:

(b)

where the coast is highly unstable because of the presence of a delta or other natural conditions:

(c)

where the coast is deeply indented:

(d)

where there is a fringe of islands along the coast in its immediate vicinity.

(2)

For the purposes of subsection (1), the points between which straight lines may be drawn are,—

(a)

in a case where a river flows directly into the sea, a point at each side of the river’s mouth on the low-water line of the river’s banks:

(b)

in a case where the coast is highly unstable because of the presence of a delta or other natural conditions, points along the furthest seaward extent of the low-water line:

(c)

in any other case, points that are appropriate in the circumstances.

(3)

Where it is necessary to determine the points between which straight lines may be drawn for the purposes of paragraph (b) or paragraph (c) of subsection (2),—

(a)

the following rules shall be observed:

(i)

straight baselines shall not depart to any appreciable extent from the general direction of the coast:

(ii)

sea areas lying within straight baselines shall be sufficiently closely linked to the land of New Zealand to be internal waters of New Zealand:

(iii)

straight baselines shall be drawn to and from low-tide elevations only where lighthouses or similar installations, which are permanently above sea level, have been built on the low-tide elevations or where the drawing of baselines to and from such elevations has received general international recognition; and

(b)

economic interests peculiar to the region concerned, the reality and the importance of which are clearly evidenced by long usage, may be taken into account.

(4)

Where, in a case where the coast is highly unstable because of the presence of a delta or other natural conditions, a straight line has been drawn pursuant to this section, that line remains the baseline, notwithstanding any subsequent regression of the low-water line, until it is changed in accordance with this Act.

Compare: United Nations Convention on the Law of the Sea arts 7, 9

Section 6A: inserted, on 1 August 1996, by section 2 of the Territorial Sea and Exclusive Economic Zone Amendment Act 1996 (1996 No 74).

7 Bed of territorial sea and internal waters vested in Crown

[Repealed]

Section 7: repealed, on 25 November 2004, by section 31 of the Foreshore and Seabed Act 2004 (2004 No 93).

8 Regulations in territorial sea

Where no other provision is for the time being made by any other enactment for any such purposes, 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 conduct of scientific research within the territorial sea:

(b)

prescribing measures for the protection and preservation of the marine environment of the territorial sea:

(c)

regulating the construction, operation, and use of artificial islands (whether permanent or temporary), and other installations and structures in the territorial sea, including the establishment of safety zones around such islands, installations, and structures:

(d)

regulating the exploration and exploitation of the territorial sea for the production of energy from the water, currents, and winds, and for any other economic purposes:

(e)

providing for such other matters as are necessary or expedient for giving full effect to the sovereignty of New Zealand in relation to the territorial sea:

(f)

providing that a breach of any such regulations shall be a criminal offence, and imposing penalties by way of fine not exceeding $10,000 for any such offences:

(g)

providing for such other matters as are contemplated by or necessary for giving full effect to the provisions of this Part and for its due administration.

Part 1A The contiguous zone of New Zealand

Part 1A: inserted, on 1 August 1996, by section 4 of the Territorial Sea and Exclusive Economic Zone Amendment Act 1996 (1996 No 74).

8A The contiguous zone

(1)

In this section, the term marker means the line that, pursuant to section 3, marks the outer limits of the territorial sea of New Zealand.

(2)

The contiguous zone of New Zealand comprises those areas of the sea having, as their inner limits, the marker, and, as their outer limits, a line measured seaward from the marker, every point of which line is distant 12 nautical miles from the nearest point of the marker.

Compare: United Nations Convention on the Law of the Sea art 33

Section 8A: inserted, on 1 August 1996, by section 4 of the Territorial Sea and Exclusive Economic Zone Amendment Act 1996 (1996 No 74).

Part 2 The exclusive economic zone of New Zealand

9 The exclusive economic zone

(1)

The exclusive economic zone of New Zealand comprises those areas of the sea, seabed, and subsoil that are beyond and adjacent to the territorial sea of New Zealand, having as their outer limits a line measured seaward from the baseline described in sections 5 and 6 and 6A, every point of which line is distant 200 nautical miles from the nearest point of the baseline.

(2)

Notwithstanding subsection (1), where—

(a)

any part of the median line between New Zealand and any other country is less than 200 nautical miles from the nearest part of the baseline of the territorial sea of New Zealand; and

(b)

no other outer limit of the exclusive economic zone is for the time being determined by an Order in Council made under subsection (3) or subsection (4)—

that part of the median line shall be an outer limit of the zone.

(3)

The Governor-General may from time to time, by Order in Council, declare that any specified provisions of this Part, and any other specified provisions in this Act relating to the exclusive economic zone, shall apply to the Ross Dependency, with such modifications and exceptions (if any) as he may specify in the order.

(4)

For the purposes of implementing any international agreement, or the arbitral award of any international body, or the judgment of any international court, or for any other purpose in accordance with international law, the Governor-General may from time to time, by Order in Council, declare that the exclusive economic zone shall not extend to any specified area of the sea, seabed, or subsoil, that would otherwise be included within the exclusive economic zone by virtue of this section.

Section 9(1): amended, on 1 August 1996, by section 3(1) of the Territorial Sea and Exclusive Economic Zone Amendment Act 1996 (1996 No 74).

10 Seas in zone to be New Zealand fisheries waters

(1)

The seas comprised in the exclusive economic zone shall be part of New Zealand fisheries waters.

(2)

The following enactments shall apply accordingly (subject to any provisions to the contrary in those enactments) within the exclusive economic zone:

(a)

[Repealed]

(b)

the Marine Mammals Protection Act 1978.

Section 10(2)(a): repealed, on 1 October 2001, by section 314(2)(a) of the Fisheries Act 1996 (1996 No 88).

Section 10(2)(b): substituted, on 20 October 1978, by section 30(1) of the Marine Mammals Protection Act 1978 (1978 No 80).

11 Calculation of total allowable catch

[Repealed]

Section 11: repealed, on 1 October 2001, by section 314(2)(a) of the Fisheries Act 1996 (1996 No 88).

12 Calculation of allowable catch by foreign fishing craft

[Repealed]

Section 12: repealed, on 1 October 2001, by section 314(2)(a) of the Fisheries Act 1996 (1996 No 88).

13 Apportionment of allowable catch for foreign fishing craft

[Repealed]

Section 13: repealed, on 1 October 2001, by section 314(2)(a) of the Fisheries Act 1996 (1996 No 88).

14 Prohibition of operation of unauthorised foreign fishing craft in zone

[Repealed]

Section 14: repealed, on 1 October 2001, by section 314(2)(a) of the Fisheries Act 1996 (1996 No 88).

15 Grant of licences

[Repealed]

Section 15: repealed, on 1 October 2001, by section 314(2)(a) of the Fisheries Act 1996 (1996 No 88).

16 Renewal of licences

[Repealed]

Section 16: repealed, on 1 October 2001, by section 314(2)(a) of the Fisheries Act 1996 (1996 No 88).

17 Variation of licences

[Repealed]

Section 17: repealed, on 1 October 2001, by section 314(2)(a) of the Fisheries Act 1996 (1996 No 88).

18 Fees and royalties

[Repealed]

Section 18: repealed, on 1 October 2001, by section 314(2)(a) of the Fisheries Act 1996 (1996 No 88).

19 Licensing offences

[Repealed]

Section 19: repealed, on 1 October 2001, by section 314(2)(a) of the Fisheries Act 1996 (1996 No 88).

20 Suspension and cancellation of licences

[Repealed]

Section 20: repealed, on 1 October 2001, by section 314(2)(a) of the Fisheries Act 1996 (1996 No 88).

21 Review by courts

[Repealed]

Section 21: repealed, on 1 October 2001, by section 314(2)(a) of the Fisheries Act 1996 (1996 No 88).

22 Fisheries regulations

[Repealed]

Section 22: repealed, on 1 October 2001, by section 314(2)(a) of the Fisheries Act 1996 (1996 No 88).

23 Fishing for research, experimental, and sporting purposes

[Repealed]

Section 23: repealed, on 1 October 2001, by section 314(2)(a) of the Fisheries Act 1996 (1996 No 88).

24 Apprehension of offenders

[Repealed]

Section 24: repealed, on 1 October 2001, by section 314(2)(a) of the Fisheries Act 1996 (1996 No 88).

25 Security for release of foreign fishing craft

[Repealed]

Section 25: repealed, on 1 October 2001, by section 314(2)(a) of the Fisheries Act 1996 (1996 No 88).

26 Administrative penalties for minor fisheries offences

[Repealed]

Section 26: repealed, on 1 October 2001, by section 314(2)(a) of the Fisheries Act 1996 (1996 No 88).

27 General regulations in zone

(a)

regulating the conduct of scientific research within the exclusive economic zone:

(b)

prescribing measures for the protection and preservation of the marine environment of the zone:

(c)

regulating the construction, operation, and use of artificial islands (whether permanent or temporary), and other installations and structures within the zone, including the establishment of safety zones around such islands, installations, and structures:

(d)

regulating the exploration and exploitation of the zone for the production of energy from the water, currents, and winds, and for any other economic purposes:

(e)

providing for such other matters as are necessary or expedient for giving full effect to the sovereign rights of New Zealand in relation to the zone:

(f)

providing that a breach of any such regulations shall be a criminal offence, and imposing penalties by way of fine not exceeding $10,000 for any such offences:

(g)

providing for such other matters as are contemplated by or necessary for giving full effect to the provisions of this Part (other than matters for which regulations may be made under section 22) and for its due administration.

28 General provisions as to offences in zone

(1)

Any offence against this Act, or against any regulations made under this Act, that is committed within the exclusive economic zone shall be deemed to have been committed in New Zealand.

(2)

[Repealed]

(3)

[Repealed]

Section 28(2): repealed, on 1 October 2001, by section 314(2)(a) of the Fisheries Act 1996 (1996 No 88).

Section 28(3): repealed, on 1 October 2001, by section 314(2)(a) of the Fisheries Act 1996 (1996 No 88).

Part 3 Miscellaneous provisions

29 Interim and transitional measures

[Repealed]

Section 29: repealed, on 1 October 2001, by section 314(2)(a) of the Fisheries Act 1996 (1996 No 88).

30 Modifications to give effect to international agreement

The Governor-General may, from time to time, by Order in Council, limit any provision of this Act relating to the exclusive economic zone so far as it is necessary to do so to give full effect to any convention that is adopted by the Third United Nations Conference on the Law of the Sea.

31 Official charts

(1)

For the purposes of this Act, in any proceedings in any court, the low-water line for any area depicted on the charts in the Territorial Limits Folio is sufficient evidence of the low-water line for that area.

(2)

For the purposes of this Act, in any proceedings in any court, a certificate purporting to be signed by the chief executive of Land Information New Zealand that any specified chart is a chart referred to in subsection (1) is admissible as evidence of the matters stated in the certificate.

(3)

Every person signing any such certificate shall, in the absence of proof to the contrary, be presumed to be duly authorised to sign it.

(4)

In this section, Territorial Limits Folio means hydrographic information in any form, for example, in electronic form, defined and maintained by Land Information New Zealand for the purposes of maritime boundary definition.

Section 31(1): substituted, on 15 December 2005, by section 4(1) of the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Amendment Act 2005 (2005 No 115).

Section 31(2): substituted, on 15 November 2000, by section 3 of the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Amendment Act 2000 (2000 No 84).

Section 31(4): added, on 15 December 2005, by section 4(2) of the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Amendment Act 2005 (2005 No 115).

32 Onus of proof in respect of certain offences

If, in any proceedings under this Act, a defendant is charged with having contravened any provision in any regulations made under this Act under which a licence or permit, or the consent of any person, is required for the doing of any act, the defendant has the onus of proving that at the time to which the charge relates, the requisite licence, permit, or consent was duly held.

Section 32: substituted, on 1 October 2001, by section 316(1) of the Fisheries Act 1996 (1996 No 88).

32A Certificates as evidence

[Repealed]

Section 32A: repealed, on 1 October 2001, by section 314(2)(a) of the Fisheries Act 1996 (1996 No 88).

33 Amendments, repeal, and savings

(1)

The enactments specified in the Schedule are hereby amended in the manner indicated in that schedule.

(2)

Unless in any case the context otherwise requires, every reference in any other enactment or in any regulation, rule, order, agreement, deed, instrument, application, notice, licence, or other document whatsoever, in force at the commencement of this section,—

(a)

to the territorial sea of New Zealand as defined by section 3 of the Territorial Sea and Fishing Zone Act 1965, or to the fishing zone of New Zealand established by section 8 of that Act, shall hereafter be read as a reference to the territorial sea of New Zealand as defined by section 3 of this Act:

(b)

to the internal waters of New Zealand as defined by section 4 of that Act, shall hereafter be read as a reference to the internal waters of New Zealand as defined by section 4 of this Act.

(3)

The Territorial Sea and Fishing Zone Act 1965 is hereby repealed.

(4)

Except as expressly provided by this Act, the provisions of this Act are in addition to and not in substitution for the provisions of every other enactment, and accordingly nothing in this Act shall limit or derogate from the provisions of any other enactment.