101B Interfering with structure or operation in offshore area

(1)

A person commits an offence if the person intentionally engages in conduct that results in—

(a)

damage to, or interference with, any structure or ship that is in an offshore area and that is, or is to be, used in mining operations or for the processing, storing, preparing for transporting, or transporting of minerals; or

(b)

damage to, or interference with, any equipment on, or attached to, such a structure or ship; or

(c)

interference with any operations or activities being carried out, or any works being executed, on, by means of, or in connection with such a structure or ship.

(2)

A person commits an offence if—

(a)

the person is the master of a ship that, without reasonable excuse, enters a specified non-interference zone for a permitted prospecting, exploration, or mining activity; or

(b)

the person leaves a ship and, without reasonable excuse, enters a specified non-interference zone for a permitted prospecting, exploration, or mining activity.

(3)

In prosecuting an offence against subsection (2), it is not necessary for the prosecution to prove that the person intended to commit the offence.

(4)

A person who commits an offence against subsection (1) is liable on conviction,—

(a)

in the case of an individual, to imprisonment for a term not exceeding 12 months or to a fine not exceeding $50,000:

(b)

in the case of a body corporate, to a fine not exceeding $100,000.

(5)

A person who commits an offence against subsection (2) is liable on conviction to a fine not exceeding $10,000.

(6)

For the purposes of subsection (2), the chief executive may specify a non-interference zone by notice.

(6A)

In addition to complying with the Legislation Act 2019, the chief executive must publish the notice in a fortnightly edition of New Zealand Notices to Mariners (under Part 25 of the Maritime Rules).

(7)

A notice must specify—

(a)

the permitted prospecting, mining, or exploration activity to which the non-interference zone relates; and

(b)

the locality of the activity; and

(c)

the area of the non-interference zone to which the activity relates (which may be up to 500 metres from any point on the outer edge of the structure or ship to which the activity relates or, if there is any equipment attached to the structure or ship, 500 metres from any point on the outer edge of the equipment); and

(d)

the period (which may be up to 3 months) for which the notice has effect.

(8)

The chief executive, when determining the area of a non-interference zone for the purposes of a notice, must take into account the nature of the activity, including the size of any structure or ship to which the activity relates and any equipment attached to the structure or ship necessary for the carrying out of the activity.

(9)

No proceedings for an offence against this section may be brought in a New Zealand court in respect of a contravention of this section on board, or by a person leaving, a foreign ship without the consent of the Attorney-General.

(10)

A notice under subsection (6) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

Legislation Act 2019 requirements for secondary legislation made under this section
PublicationThe maker must comply with subsection (6A)LA19 ss 73, 74(1)(a), Sch 1 cl 14
PresentationIt is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 of the Legislation Act 2019LA19 s 114, Sch 1 cl 32(1)(a)
DisallowanceIt may be disallowed by the House of Representatives LA19 ss 115, 116
This note is not part of the Act.

Section 101B: inserted, on 24 May 2013, by section 55 of the Crown Minerals Amendment Act 2013 (2013 No 14).

Section 101B(4): amended, on 4 October 2013, by regulation 3(1) of the Criminal Procedure (Consequential Amendments) Regulations 2013 (SR 2013/409).

Section 101B(5): amended, on 4 October 2013, by regulation 3(1) of the Criminal Procedure (Consequential Amendments) Regulations 2013 (SR 2013/409).

Section 101B(6): replaced, on 28 October 2021, by regulation 45 of the Legislation Act (Amendments to Legislation) Regulations 2021 (LI 2021/247).

Section 101B(6A): inserted, on 28 October 2021, by regulation 45 of the Legislation Act (Amendments to Legislation) Regulations 2021 (LI 2021/247).

Section 101B(10): inserted, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).