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Maritime Powers Extension Bill

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Maritime Powers Extension Bill Maritime Powers Extension Bill Government Bill As reported from the Foreign Affairs, Defence and Trade Committee Commentary Recommendation The Foreign Affairs, Defence and Trade Committee has examined the Maritime Powers Extension Bill and recommends that it be passed with the amendments shown. Introduction The Maritime Powers Extension Bill would amend the Customs and Excise Act 2018 and the Misuse of Drugs Act 1975. It seeks to incorporate into domestic law two provisions in international treaties to which New Zealand is a party: • Article 108 of the United Nations Convention on the Law of the Sea (UNCLOS). This obliges signatory states to cooperate in suppressing the mari- time transit of illicit substances. It provides a framework for cooperation when one State party has reasonable grounds to believe a ship flying the flag of another State party is engaged in the trafficking of illicit substances.1 • Article 17 of the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances. This provides a framework for states to board, search, and prosecute drug traffickers on the high seas.2 The bill would make a number of changes to existing law, including: 1 United Nations Convention on the Law of the Sea. 2 United Nations Convention against Illicit Trade in Narcotic Drugs and Psychotropic Substan- ces. 71—2 2 Maritime Powers Extension Bill Commentary • expanding the powers of the New Zealand Customs Service (Customs) to stop, board and search ships suspected of drug smuggling in international waters • establishing offences that apply when an individual is on a ship outside New Zealand waters but intends to smuggle, or is involved in the smuggling of, con- trolled drugs or prohibited equipment or material in or out of New Zealand. Proposed amendments We propose some minor drafting changes. For clarity and consistency in the bill’s wording, we recommend amendments to headings in clause 4 and new Schedule 5A, and to clause 7, new section 12D(2). Commentary Maritime Powers Extension Bill 3 Appendix Committee process The Maritime Powers Extension Bill was referred to the committee on 3 July 2018. The closing date for submissions was 20 July 2018. We received and considered three submissions from interested individuals. We received advice from the New Zealand Customs Service and the Ministry of For- eign Affairs and Trade. Committee membership Simon O’Connor (Chairperson) Golriz Ghahraman Hon Willie Jackson (until 15 August 2018) Hon Tim Macindoe Hon Todd McClay Chris Penk Priyanca Radhakrishnan (from 15 August 2018) Jamie Strange (from 15 August 2018) Louisa Wall Dr Duncan Webb (until 15 August 2018) Maritime Powers Extension Bill Key to symbols used in reprinted bill As reported from a select committee text inserted unanimously Hon Meka Whaitiri Maritime Powers Extension Bill Government Bill Contents Page 1 Title 2 2 Commencement 2 Part 1 Main amendments to Customs and Excise Act 2018 and Misuse of Drugs Act 1975 Subpart 1—Amendments to Customs and Excise Act 2018 3 Amendments to Customs and Excise Act 2018 2 4 New section 267A and cross-heading inserted 3 Drugs smuggling outside New Zealand, etc 267A Powers for dealing with drugs smuggling outside New 3 Zealand, etc 5 New Schedule 5A inserted 3 Subpart 2—Amendment to Misuse of Drugs Act 1975 6 Amendment to Misuse of Drugs Act 1975 3 7 New sections 12D to 12F inserted 3 12D Drugs smuggling outside New Zealand, etc: application 3 of sections 12E and 12F, supplementary provisions, and definitions 12E Drugs smuggling outside New Zealand, etc: controlled 4 drugs 12F Drugs smuggling outside New Zealand, etc: prohibited 6 equipment or material 71—2 1 cl 1 Maritime Powers Extension Bill Part 2 Consequential and related amendments Subpart 1—Amendments to Customs and Excise Act 2018 8 Amendments to Customs and Excise Act 2018 8 9 Section 4 amended (Overview of Act) 9 10 Section 176 amended (Goods forfeited) 9 11 Section 199 amended (Detention of craft suspected to be involved 9 in offences or smuggling migrants) Subpart 2—Amendments to Misuse of Drugs Act 1975 12 Amendments to Misuse of Drugs Act 1975 9 13 Section 28A amended (Consent of Attorney-General required in 9 proceedings under section 12C) 14 Section 29 amended (Mistake as to nature of controlled drug or 10 precursor substance) 15 Section 35A amended (Further provision on crimes to be treated as 10 included in extradition treaties) 16 Section 35C amended (Restrictions on surrender of offenders) 10 Subpart 3—Amendment to Search and Surveillance Act 2012 17 Amendment to Search and Surveillance Act 2012 10 18 Schedule amended 10 Schedule 11 New Schedule 5A inserted The Parliament of New Zealand enacts as follows: 1 Title This Act is the Maritime Powers Extension Act 2018. 2 Commencement This Act comes into force on 1 October 2018. 5 Part 1 Main amendments to Customs and Excise Act 2018 and Misuse of Drugs Act 1975 Subpart 1—Amendments to Customs and Excise Act 2018 3 Amendments to Customs and Excise Act 2018 10 This subpart amends the Customs and Excise Act 2018. 2 Maritime Powers Extension Bill Part 1 cl 7 4 New section 267A and cross-heading inserted After section 267, insert: Drugs smuggling outside New Zealand, etc 267A Powers for dealing with drugs smuggling outside New Zealand, etc (1) Schedule 5A contains powers for dealing with drugs smuggling outside New 5 Zealand, etc. (2) The purpose of Schedule 5A is to further New Zealand’s implementation of the following (which relate to the suppression of illicit traffic in narcotic drugs and psychotropic substances at sea): (a) article 108 of the United Nations Convention on the Law of the Sea: 10 (b) article 17 of the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances. 5 New Schedule 5A inserted After Schedule 5, insert the Schedule 5A set out in the Schedule of this Act. Subpart 2—Amendment to Misuse of Drugs Act 1975 15 6 Amendment to Misuse of Drugs Act 1975 This subpart amends the Misuse of Drugs Act 1975. 7 New sections 12D to 12F inserted After section 12C, insert: 12D Drugs smuggling outside New Zealand, etc: application of sections 12E 20 and 12F, supplementary provisions, and definitions Application of sections 12E and 12F (1) Sections 12E and 12F apply to any ship that is in any of the following: (a) New Zealand’s exclusive economic zone: (b) the high seas: 25 (c) the exclusive economic zone of another State. Supplementary provisions relating to offences under sections 12E and 12F (2) For the purposes of sections 12E(1)(b) and (2)(d) and 12F(1)(b) and (2)(d), in a case where it is another person who intends to import the controlled drugs or prohibited equipment or material into New Zealand, it does not matter 30 if— (a) the other person is not on a ship to which section 12E or 12F applies: (b) D does not know the other person’s identity: 3 Part 1 cl 7 Maritime Powers Extension Bill (c) D does not know of the other person’s intention to import the controlled drugs or prohibited equipment or material into New Zealand. (3) For the purposes of sections 12E(2)(a) and 12F(2)(a), it does not matter if D does not know the identity of the other ship. (4) For the purposes of sections 12E(3)(b) and (4)(a) and 12F(3)(b) and 5 (4)(a), it does not matter if— (a) the other person is not on a ship to which section 12E or 12F applies: (b) D does not know the other person’s identity: (c) D does not know of the exportation of, or of the other person’s intention to export, the controlled drugs or prohibited equipment or material from 10 New Zealand. (5) For the purposes of sections 12E and 12F, it does not matter if any intended importation or exportation does not actually occur. (6) Section 28A applies to proceedings for an offence under section 12E or 12F. (7) Section 29C does not apply to an offence under section 12E or 12F. 15 Definitions (8) In this section and sections 12E and 12F,— exclusive economic zone, in relation to New Zealand, has the meaning given to that term in section 9 of the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977 20 high seas means all parts of the sea not included in— (a) the internal waters, territorial sea, or exclusive economic zone of New Zealand or another State; or (b) the archipelagic waters of an archipelagic State prohibited equipment or material means— 25 (a) a precursor substance; or (b) any equipment or material, other than a precursor substance, that is cap- able of being used in, or for, the commission of an offence under section 6(1)(b) ship has the meaning given to that term in section 5(1) of the Customs and 30 Excise Act 2018. 12E Drugs smuggling outside New Zealand, etc: controlled drugs Offences (1) A person (D) who is on a ship to which this section applies commits an offence if— 35 (a) there are controlled drugs on the ship and— (i) the controlled drugs are in D’s possession; or 4 Maritime Powers Extension Bill Part 1 cl 7 (ii) D is knowingly concerned in the transportation, holding, or han- dling of the controlled drugs on the ship; and (b) D or another person intends to import those controlled drugs into New Zealand; and (c) the importation would (if completed) be an offence under section 5 6(1)(a). (2) A person (D) who is on a ship (D’s ship) to which this section applies commits an offence if— (a) there are controlled drugs on another ship to which this section applies; and 10 (b) there is an arrangement for moving those controlled drugs onto D’s ship; and (c) D knowingly— (i) takes steps to implement, or to facilitate the implementation of, the arrangement; or 15 (ii) makes preparations for the arrival of those controlled drugs onto D’s ship; and (d) D or another person intends to import those controlled drugs into New Zealand; and (e) the importation would (if completed) be an offence under section 20 6(1)(a).
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