Fishing boat skipper Elvis Teddy, who was arrested aboard the San Pietro during a protest against offshore oil drilling off the East Coast, may not have a case to answer.

Teddy's lawyer says he has no case to answer as he was arrested outside New Zealand territorial waters.

Elvis Teddy enters Tauranga District Court this week.

The skipper is charged with operating a ship in an unsafe manner and with a summary offences charge of resisting arrest after police boarded the fishing boat 14 nautical miles off East Cape in April 2011.

In submissions barrister Ron Mansfield says there is no case to answer on either charge as the San Pietro was outside New Zealand's 12 nautical mile limit and jurisdiction under both section 65 of the Maritime Transport Act and the Summary Offences Act 1981.

At the time Elvis was protesting the sonar survey being conducted off the Raukumara Basin by Petrobras ship Orient Explorer.

Members of the police special tactics group boarded the San Pietro, arrested Teddy and took control of the ship.

Because police had no jurisdiction, there was no offence, says defence counsel.

The defence notes there are aspects of New Zealand law where the police can act outside New Zealand territorial waters, but not for summary offences.

The section 65 Maritime Transport Act charge is specifically excluded from being applied outside the 12 mile limit.

After the submissions and legal argument from prosecutor David Pawson, Judge Patrick Treston adjourned the trial until 11.45am tomorrow.