the Provisions of the Submarine Cables and Pipelines Protection Order 1992 in Respect
of Area 2-Hauraki Gulf
Whereas, pursuant to section 441 of the Maritime Transport Act 1994, the Minister of Transport delegated those powers under section 12 (6) of the Submarine Cables and Pipelines Protection Act 1996 to the Maritime Safety Authority by an instrument of delegation dated 19 March 1997.
And whereas, pursuant to section 442 of the Maritime Transport Act 1994, the Maritime Safety Authority delegated those powers under section 12 (6) of the Submarine Cables and Pipelines Protection Act 1996 to
the Director of Maritime Safety by an instrument of delegation dated 26 March 1997.
And whereas, pursuant to section 443 of the Maritime Transport Act 1994, the Director of Maritime Safety delegated those powers under section 12 (6) of the Submarine Cables and Pipelines Protection Act 1996 to
me by an instrument of delegation dated 26 March 1997.
Therefore, I, John Norman Keith Mansell, Divisional Manager, Maritime Operations, hereby declare exempt, during the period 1 October 2002 to 4 March 2003 inclusive or for such longer period as is required for the completion of the America's Cup Regatta, the following class of ships from the operation of those parts of the Submarine Cable and Pipeline Protection Order 1992 as are specified hereunder and upon the terms and conditions specified hereunder:
Class of Ship
Any ship being operated under the direct authority of duly authorised officers of the joint organisers of the America's Cup Regatta being:
(a) America's Cup 2003 Limited (AC2003); and/or
(b) Challenger of Record Management for America's Cup XXXI (NZ) Limited (CORM).
Protected Area From Which Ships are Declared Exempt
Protected Area 2-Hauraki Gulf
Conditions of Declaration
1. That at all times vessels operating under the direct authority of AC2003 or CORM carry and display in a conspicuous place an authorisation signed by authorised representatives of AC2003 or CORM in the following terms:
"Submarine Cables and Pipelines Protection Act 1996
Area 2-Hauraki Gulf
This certifies that the vessel MV-----is operating under the direct authority of the joint organisers of
the America's Cup Regatta and accordingly, is exempted from the provisions of the Submarine Cables and Pipelines Protection Order 1992 to the extent that
the vessel is permitted to anchor in Protected Area
2-Hauraki Gulf, for the duration of the America's Cup Regatta.
Dated at Auckland this--day of------2002.
Signed on behalf of America's Cup 2003 Limited
or
Challenger of Record Management for America's Cup XXXI (NZ) Limited"
2. That all exempted vessels comply at all times with the America's Cup Regatta 2002/2003 International Undersea Cable Protection Plan and Anchoring Agreement dated
26 July 2002.
Offence for Damage
Notwithstanding the fact that a ship has been exempted by this declaration from protected area requirements, it is
an offence under section 11 of the Submarine Cables
and Pipelines Protection Act 1996 to either wilfully or negligently damage, or cause or permit a ship or equipment belonging to a ship to damage, a submarine cable or submarine pipeline.
Dated at Wellington this 27th day of August 2002.
JOHN NORMAN KEITH MANSELL, Divisional Manager Maritime Operations, Maritime Safety.