Court of Appeal Wellington
17 September; 5 November 1998
Richardson P, Keith and Blanchard JJ
17 September; 5 November 1998
Richardson P, Keith and Blanchard JJ
Shipping and navigation — Offences — Vessel registered in Valletta left Opua for an overseas port without clearance under s 21(1) of the Maritime Transport Act 1994 — Whether s 21(1) creates an offence committed within New Zealand waters enforceable only by proceedings in a New Zealand Court, without any related powers being exercisable on the high seas — Whether a port state has power to impose requirements on foreign ships if the requirements are to have effect on the high seas — Whether legislation regulating maritime matters should be read consistently with international law — Whether Maritime Safety Authority to operate within the context of the international obligations and rights of New Zealand — United Nations Convention on the Law of the Sea Act 1996.
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