Protest at Sea: An Analysis of the Crown Minerals Amendment Act 2013

64 Pages Posted: 6 Jun 2016 Last revised: 11 Jun 2016

See all articles by Matthew McMenamin

Matthew McMenamin

Victoria University of Wellington, Faculty of Law, Student/Alumni

Date Written: 2013

Abstract

This paper examines the criminal offences introduced under the Crown Minerals Amendment Act 2013 in response to direct action protest at sea. These offences have proved controversial as they restrict fundamental protest rights and purport to apply in respect of foreign vessels beyond New Zealand’s territory. This paper advances two central propositions in relation to these offences. First, the prescription and enforcement of the offences is permitted under the jurisdiction accorded to New Zealand at international law. Second, the limitations placed upon protest rights are justified in accordance with s 5 of the New Zealand Bill of Rights Act 1990.

Keywords: Crown Minerals Amendment Act 2013, Offshore Resource Exploration and Exploitation, Jurisdiction, United Nations Convention on the Law of the Sea, Jurisdiction under International Law, Freedom of Navigation, Direct Action Protest, New Zealand Bill of Rights Act 1990

JEL Classification: K10

Suggested Citation

McMenamin, Matthew, Protest at Sea: An Analysis of the Crown Minerals Amendment Act 2013 (2013). Victoria University of Wellington Legal Research Paper, Student/Alumni Paper No. 27/2016, Available at SSRN: https://ssrn.com/abstract=2790692

Matthew McMenamin (Contact Author)

Victoria University of Wellington, Faculty of Law, Student/Alumni ( email )

PO Box 600
Wellington, 6140
New Zealand

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