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Resource Management Act 1991

Declarations, enforcement, and ancillary powers - Offences

339C: Amount of fine or other monetary penalty recoverable by distress and sale of ship or from agent

You could also call this:

"Paying fines for breaking ship rules: what happens if you don't pay on time"

If you own a ship and you break the rules in the Resource Management Act 1991, you can get a fine. You have to pay the fine on time. If you do not pay the fine, the court can take the money from the sale of your ship.

If you are the owner of a ship and you get a fine, you have to pay it. If you do not pay the fine, the person who looks after your ship, called the agent, has to pay the fine to the Crown or the local authority. The agent can then get the money back from you.

The agent can get the money back from you as a debt or take it from any money they owe you. The court can also make the agent pay the fine and the agent can get the money back from you.

The District Court can hear cases about getting money back from the owner or agent of a ship, no matter how much money is involved. This rule applies even if there are other laws that say something different.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM239051.

Topics:
Environment and resources > Conservation
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"Extra punishment for people who break certain rules to make money"

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Part 12Declarations, enforcement, and ancillary powers
Offences

339CAmount of fine or other monetary penalty recoverable by distress and sale of ship or from agent

  1. Where—

  2. the master or owner of a ship is convicted of an offence against section 338 in respect of any contravention of section 15A or section 15B or section 15C; and
    1. any fine or other monetary penalty imposed by a court under section 339 or section 339B in respect of that offence is not paid on time,—
        1. the court may order that the amount of the fine so unpaid be levied by distress and sale of the ship and its equipment.

      1. Without limiting subsection (1), where any master or owner of a ship—

      2. is convicted of an offence against section 338 in respect of any contravention of section 15A or section 15B or section 15C; and
        1. fails to pay the full amount of any fine or other monetary penalty imposed by the court under section 339 or section 339B,—
            1. the agent of the ship shall be civilly liable to pay to the Crown or, if the proceedings in relation to the offence were commenced by or on behalf of a local authority, to that local authority, such amount of that fine or monetary penalty as remains unpaid and the Crown or that local authority may recover that amount from that agent as a debt.

          1. For the purpose of subsection (2), any proceedings in relation to the offence that were commenced by or on behalf of a local authority include any proceedings in which the EPA was assisting the local authority (see section 343F(b)).

          2. Every agent of a ship who, under this section, pays the whole or part of any fine or other monetary penalty imposed on the master or owner of the ship shall be entitled to recover the amount so paid from that master or owner as a debt or deduct that amount out of or from any money which is or becomes payable by that agent to that master or owner; and any amount so paid by the agent shall, for the purposes of section 4(1)(p) of the Admiralty Act 1973, be deemed to be a disbursement made on account of the ship.

          3. The District Court has jurisdiction to hear and determine proceedings for the recovery, in accordance with this section, of any money from any agent or master or owner of a ship whatever the amount of money involved.

          4. This section shall apply notwithstanding any enactment or rule of law.

          Notes
          • Section 339C: inserted, on , by section 21 of the Resource Management Amendment Act 1994 (1994 No 105).
          • Section 339C(2): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
          • Section 339C(2A): inserted, on , by section 93 of the Resource Management Amendment Act 2020 (2020 No 30).
          • Section 339C(4): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).