Safety zones and precautionary areas
To reduce the risk of a maritime incident accidents and resulting marine pollution, some safety exclusion zones and a precautionary area have been established around New Zealand. This page explains the legal basis for safety zones, how they are created, what precautionary areas are, and how ships are routed to reduce pollution risk.
Safety zones include exclusion zones, areas to be avoided and Submarine Cabinet Protection Areas.
International framework for safety zones
International law, under Article 60 of the United Nations Convention on the Law of the Sea (UNCLOS), recognises the right of coastal states to establish exclusion zones within their exclusive economic zones. Article 60, for example, allows coastal states to establish exclusion zones around offshore installations, extending to a distance not exceeding 500 metres from each point of the outer edge of the installation.
The International Maritime Organization (IMO) also allows for alternative routing measures for the purposes of marine protection and navigational safety.
Safety zone regulations
Two statutes provide for the establishment of safety zones around offshore installations:
- Continental Shelf Act 1964
- Maritime Transport Act 1994
Safety zones, made under the Continental Shelf Act 1964, are specified in the following regulations:
- Continental Shelf (Maui A Safety Zone) Regulations 1975
- Continental Shelf (Maui B Safety Zone) Regulations 1991
- Continental Shelf (Pohokura B Safety Zone) Regulations 2006
- Continental Shelf (Kupe Safety Zone) Regulations 2006
- Continental Shelf (Maari Development Safety Zones) Regulations 2008.
The above regulations prescribe a safety zone of 500m from each installation. For the Maari installation, which also includes a separate floating production storage and offtake facility (FPSO), the baseline for the 500-metre safety zone is determined by the mooring system.
Entry into these safety zones is prohibited to all except authorised vessels. A fine of up to $1,000 may be imposed for navigating within the safety zones.
Applying to establish a safety zone
If a safety zone is required, an application should be made in writing to the Secretary for Transport. The application should include an overview of the proposed operation, including development dates and full details of the location of the proposed offshore installation.
The application process takes about six months, to allow time for the new safety zone regulation to be created.
For more detail about establishing safety zones under the Continental Shelf Act 1964, please contact the Ministry of Transport.
Precautionary areas
A precautionary area is an area within defined limits where ships must navigate with particular caution to reduce the risk of a maritime incident and resulting marine pollution.
It is also an area within which a particular direction of traffic flow may be recommended.
A precautionary area is one of a number of ships’ routeing measures for international vessels that can be established through the IMO.
Current Precautionary Areas and Areas to be Avoided
Three Kings Islands - Area to be Avoided
The Three Kings Islands, situated off the northern tip of the North Island, were identified in 1995 as an area to be avoided.
This area, declared a wildlife sanctuary, is protected from ships of 500 gross tonnes or more, to avoid the risk of pollution and damage to the environment.
Poor Knights Islands - Area to be Avoided
The extended area around the Poor Knights Islands, situated off the North-East coast of the North Island, was identified as an area to be avoided in 2003.
This area incorporates a marine reserve close to the islands. It is protected to avoid the risk of pollution and damage to the environment from ships of 45 m overall length or more.
Taranaki offshore precautionary area
The extended Taranaki offshore area, off the south-west coast of the North Island, was identified as a precautionary area from mid-2007. All ships should navigate with particular caution to reduce the risk of a maritime casualty and resulting marine pollution in this area, because of the high level of offshore oil and gas activity.
This precautionary area is defined by a line connecting the following geographical positions, with the landward extent determined by Mean High Water Springs (MHWS):
- · the charted line of MHWS at approximately 38° 31′.00 S 174° 37′.80 E
- · 39° 18′.50 S 173° 05′.00 E
- · 39° 26′.00 S 173° 01′.00 E
- · 40° 03′.00 S 173° 04′.00 E
- · 40° 10′.00 S 173° 16′.00 E
- · the charted line of MHWS at approximately 39° 53′.50 S 174° 54′.50 E.
Reference Charts:
- Manukau Harbour to Cape Egmont NZ 43. July 2019 Edition. (WGS84 datum)
- Cape Egmont to Rangitikei River NZ 45. May 2019 Edition. (WGS84 datum)
- Western Approaches to Cook Strait NZ 48. May 2017 Edition. (WGS 84 Datum)
How precautionary areas are established
Contracting governments, including New Zealand, initiate action by referring proposals to the IMO’s Safety of Navigation (NAV) sub-committee.
Proposals must fit within the specific guidelines and criteria developed by the IMO. Once adopted, the IMO circulates the routeing measures to all other contracting governments.
The shipping sector is informed of adopted vessel routeing measures through nautical publications, such as the IMO Ships’ Routeing guide, and by updates to internationally recognised charts.
Submarine cables and pipelines
Submarine cables and pipelines around New Zealand carry our electricity, telecommunications and energy resources such as oil and gas.
Maritime NZ has developed guidance for all commercial and recreational vessel users and fishers. It explains the importance of ensuring operators do not damage submarine cables or pipelines, for example, when anchoring or fishing, and how to make an application under the Submarine Cables and Pipelines Protection Act (SCAPPA) 1996. This guidance also provides a ready reference for owners and operators of cables and pipelines.
New Zealand’s voluntary ship routeing code
Due to the relatively low volume of traffic operating in and around the coast, New Zealand does not have a formal mandatory system of ships’ routeing. Instead, New Zealand operates a Voluntary Code for Ships Carrying Oil or other Harmful Liquid Substances in Bulk (the Voluntary Code).
This Voluntary Code was introduced to prevent or reduce the risk of pollution or other damage to the marine environment caused by ships carrying oil or other harmful liquid substances in bulk around New Zealand’s coastline. The voluntary routes apply to all oil and chemical tankers undertaking passages through New Zealand’s coastal waters.