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New Zealand sovereignty over the Ross Dependency was established in 1923. An Order in Council of 30 July 1923 vested in the New Zealand Governor-General executive and legislative power in respect of the Ross Dependency and defined its boundaries as all the islands and territories in Antarctica between the 160th degree of east longitude and the 150th degree of west longitude and south of 60 degrees south latitude. The New Zealand Antarctic territory, therefore, comprises the Ross Ice Shelf, the Balleny Islands, Scott Island and adjacent islands and the landmass within these longitudes to the point of their convergence at the South Pole. The Ross Dependency is constitutionally part of New Zealand, meaning anyone born there is a New Zealand citizen.
The New Zealand Letters Patent and associated Prerogative Instruments which describe the Realm of New Zealand and constitute the office of the Governor-General of New Zealand, state the following:
“Her Majesty the Queen of New Zealand does hereby constitute, order and declare that there should be, in and over the Realm of New Zealand including the Cook Islands, Niue, Tokelau and the Ross Dependency, a Governor-General and Commander-in-Chief who shall be our representative in Our said Realm of New Zealand, and shall have and may exercise the powers and authorities conferred on him by these Our Letters Patent .."
New Zealand has exercised jurisdiction in the Ross Dependency since the formal announcement of territorial sovereignty in 1923.
New Zealand annually appoints Officers of the Government of the Ross Dependency to represent the executive government. They are empowered, among other things, to take all steps necessary or expedient to enforce the laws and regulations in force in the Ross Dependency.
On 14 November 1923, acting pursuant to the 1923 Order in Council, the Governor of the Ross Dependency made regulations with respect to the Dependency. These had the effect of adopting as the law of the Ross Dependency, all present and future laws and enactments of the New Zealand Parliament, so far as they were applicable to the conditions of the Dependency. The law of New Zealand is therefore in force in the Ross Dependency through adoption into the law of the Ross Dependency (which constitutes a legal system separate from that of New Zealand).
In addition, so far as New Zealand law is concerned, the position is governed by the provisions of the relevant legislation. New Zealand criminal law, for example, specifically extends to criminal acts committed in the Ross Dependency (Antarctica Act 1960). New Zealand courts have jurisdiction over such acts committed by anyone in the Ross Dependency. Under the New Zealand Citizenship Act 1977, any person born in the Ross Dependency is a New Zealand citizen. There is also specific provision in New Zealand legislation for the establishment of an Exclusive Economic Zone beyond the outer limit of the territorial sea of the Ross Dependency (Territorial Sea and Exclusive Economic Zone Act 1977).
The Antarctica (Environmental Protection) Act 1994 prohibits all mineral resource activities in Antarctica (ie prospecting, exploration, or mining, but excluding bona fide, official, scientific research)It also requires all persons seeking to carry out activities in the Ross Dependency or who depart for Antarctica from New Zealand (notwithstanding their nationality), or who are NZ citizens/residents, to obtain prior approval from the Minister of Foreign Affairs and Trade. Non-New Zealand citizens/residents who are members of an official expedition of a State which is also a Contracting Party to the Antarctic Treaty are exempted from this requirement.
There is a prohibition on NZ citizens and permanent residents taking any marine living resources from the Southern Ocean except with a permit issued by the Minister of Fisheries (Antarctic Marine Living Resources Act). Any permits issued, as a minimum, are consistent with Conservation Measures adopted by the Convention on the Conservation of Antarctic Marine Living Resources (CCAMLR).