Protest at sea: An analysis of the Crown Minerals Amendment Act 2013

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.