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Resource Management Act 1991

Declarations, enforcement, and ancillary powers - Offences

339A: Protection against imprisonment for dumping and discharge offences involving foreign ships

You could also call this:

“You can't go to jail for dumping stuff from foreign ships in the sea unless you meant to do it or were really careless and caused big problems.”

You can’t go to prison for dumping or discharging something from a foreign ship that breaks the rules in sections 15A or 15B, unless the court is sure of two things. First, you either meant to do it, or you did something careless knowing it could really harm the coastal area. Second, what you did has caused, or is likely to cause, a big or lasting problem for the coastal area.

When we talk about a foreign ship, we mean the same thing as what’s described in section 2(1) of the Maritime Transport Act 1994.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM239046.

Topics:
Environment and resources > Conservation
Crime and justice > Criminal law
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339: Penalties, or

“This law explains the different punishments you can get if you break the rules about looking after the environment.”

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339B: Additional penalty for certain offences for commercial gain, or

“Extra punishment for people who break certain rules to make money”

Part 12 Declarations, enforcement, and ancillary powers
Offences

339AProtection against imprisonment for dumping and discharge offences involving foreign ships

  1. No person shall be imprisoned for any offence of contravening or permitting a contravention of section 15A or section 15B involving a foreign ship unless the court is satisfied that—

  2. either—
    1. the person intended to commit the offence; or
      1. the offence occurred as a consequence of any reckless act or omission by that person with the knowledge that that act or omission would or would be likely to cause a significant or irreversible adverse effect on the coastal marine area; and
      2. the commission of the offence has had or is likely to have a significant or irreversible adverse effect on the coastal marine area.

        1. In this section, foreign ship has the same meaning as in section 2(1) of the Maritime Transport Act 1994.

        Notes
        • Section 339A: inserted, on , by section 21 of the Resource Management Amendment Act 1994 (1994 No 105).