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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
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Experience:  34 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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Are the New Zealand electrical regulations able to be in forced

Customer Question

Are the New Zealand electrical regulations able to be in forced outside the 12 mile limit ?
Submitted: 2 years ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 2 years ago.

christhelawyer :

Hi Welcome to JustAnswer. My first response will follow shortly. Please feel free to follow up if anything is not clear

christhelawyer :

Statutes and regulations apply within the territoy of New Zealand which is "New Zealand or similar words referring to New Zealand, when used as a territorial description, mean the islands and territories within the Realm of New Zealand; but do not include the self-governing State of the Cook Islands, the self-governing State of Niue, Tokelau, or the Ross Dependency"

christhelawyer :

it is then necessary to consider this act-Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977

christhelawyer :

This establishes the exclusive ecomoic zone under the act in section 9 "


9The 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."





28General 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.




christhelawyer :

But this is different from the territory definition.

christhelawyer : In general laws can only be enforced in the territorial limits of New Zealand
Customer:

what are the territory limits of New Zealand

christhelawyer : territorial limits of New Zealand, limits of New Zealand, or a similar expression, when used as a territorial description, means the outer limits of the territorial sea of New ZealandWhich I am just getting for you
christhelawyer : 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).
christhelawyer : So in a long winded reply, no. But in a New Zealand registered ship or aircraft, those are considered New Zealand territory and even out of the 12 mile limit, would apply to that ship or aircraft
Customer:

Has this been updated by any other act and can I print out your answers?

Customer:

the vessel in question has a panama flag

christhelawyer : Those are up to date and yes you can print this. A vessel with a Panama flag even in port is not subject to those regulations.
christhelawyer :

Sorry I posted an answer which disappeared. If the vessel is under a Panamanian flag then it is not subject to New Zealand law, except for certain specific maritime rules. The territorial limit is 12 nautical miles defined as per section 3 of the Act-


3The 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.




christhelawyer :

The Maritime Transport Act and the Admiralty Act do affect this, but the regulations would not apply

Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 19379
Experience: 34 years qualified as a lawyer; LLB, MMgt and FAMINZ.
Chris The Lawyer and other New Zealand Law Specialists are ready to help you
Customer: replied 2 years ago.

If you were a electrician without a NZ electrical practicing licence working on a platform outside the 12 mile territorial limit on a flagged Panama vessel ,working as a electrician ,would you being breaking any NZ laws ? O

Expert:  Chris The Lawyer replied 2 years ago.
No, because you were not on. New Zealand ship, and you were outside the territorial limit
Customer: replied 2 years ago.


I am told the contirnetal act 1964 may apply as the vessel in question is lifting oil,is that correct and does nz law apply ,outside the 12 mile limit . my spelling not to good

Customer: replied 2 years ago.


Hi do you need more money

Expert:  Chris The Lawyer replied 2 years ago.
It is the country of registration of the ship which governs which law applies. NZ Law will not apply to a foreign ship outside the limit and whether it is drilling for oil makes no difference.
Customer: replied 2 years ago.


if the vessel is called a platform does it matter as it still has the panama flag

Customer: replied 2 years ago.


continental shelf act 1964 7 application of criminal and civil law ,does this apply to a flagged vessel outside the 12 mile limit . I read that 7 applies to all new zealand laws ,very confusing .

Expert:  Chris The Lawyer replied 2 years ago.
A platform may be different if it is fixed to the seabed. That is different from a vessel of course. This feature means the Act says NZ law would apply to the platform on the continental shelf
Customer: replied 2 years ago.

if the platform carries a panama flag .,is it under NZ law

Expert:  Chris The Lawyer replied 2 years ago.
The Cointinental Shelf Act would appear to say so, if this platform is affixed to the shelf
Customer: replied 2 years ago.

If the platform is moored by anchors to the continental shelf ,drawing oil from the Continental shelf and under Panama flag ,is it under NZ law .

Expert:  Chris The Lawyer replied 2 years ago.
Because of the Continental Shelf Act I would say yes

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