Plain language law

New Zealand law explained for everyone

Resource Management Act 1991

Miscellaneous provisions

352A: Mode of service of summons on master or owner of ship

You could also call this:

"How a ship's owner or master gets a summons if they break the law"

If you are the master or owner of a ship and you have done something wrong against the law, you will get a summons. The summons is a document that tells you what you have done wrong and what you need to do next. You will get this document if someone delivers it to the agent of your ship.

You can get the summons in two ways. It can be delivered personally to the agent of your ship. Or it can be sent to the agent by registered letter.

A District Court Judge or Justice or the Registrar can decide how the summons is delivered to you. They can choose a different way if they think it is better in your situation.

The time when you get the summons is important. If it is delivered personally, the time is when the agent gets it. If it is sent by letter, the time is when the letter would normally arrive.

In this law, some words have special meanings. A District Court Judge is someone who is appointed under the District Court Act 2016. A Justice is someone who is defined in the Justice of the Peace Act 1957. A Registrar is someone who is defined in the Criminal Procedure Act 2011.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM239303.

Topics:
Crime and justice > Courts and legal helpTransport and travel > Boating
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"How to give someone a document for the Resource Management Act"

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Part 14Miscellaneous provisions

352AMode of service of summons on master or owner of ship

  1. If the master or owner of a ship is a defendant in a prosecution for an offence against section 338 for contravening sections 15A, 15B, or 15C, service on the defendant of a summons or other document is effected for the purposes of the Criminal Procedure Act 2011—

  2. if it is delivered personally to the agent of the ship on behalf of the defendant or is brought to the notice of the agent if the agent refuses to accept it on behalf of the defendant; or
    1. if it is sent to the agent of the ship by registered letter addressed to that agent on behalf of the defendant at the agent's last known or usual place of residence or the agent's place of business.

      1. Subsection (1) applies despite any other enactment.

      2. However, a District Court Judge or Justice or Community Magistrate or the Registrar may direct that the summons or other document shall be served on the defendant in accordance with rules made under the Criminal Procedure Act 2011, where he or she is satisfied that it would not be impracticable to do so in the particular circumstances.

      3. Unless the contrary is shown, the time at which service shall be deemed to have been effected on the defendant shall be,—

      4. where service is effected in accordance with subsection (1)(a), the time when the summons or other document is personally delivered to the agent of the ship or brought to that agent's attention, as the case may be; or
        1. where service is effected in accordance with subsection (1)(b), the time when the letter would have been delivered to the agent of the ship in the ordinary course of post.

          1. In this section,—

            District Court Judge means a District Court Judge appointed under the District Court Act 2016

              Justice has the same meaning as in section 2 of the Justice of the Peace Act 1957

                Registrar has the same meaning as in section 5 of the Criminal Procedure Act 2011.

                Notes
                • Section 352A: inserted, on , by section 25 of the Resource Management Amendment Act 1994 (1994 No 105).
                • Section 352A(1): replaced, on , by section 122(1) of the Resource Management Amendment Act 2005 (2005 No 87).
                • Section 352A(1): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
                • Section 352A(1A): inserted, on , by section 122(1) of the Resource Management Amendment Act 2005 (2005 No 87).
                • Section 352A(2): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
                • Section 352A(2): amended, on , by section 122(2) of the Resource Management Amendment Act 2005 (2005 No 87).
                • Section 352A(2): amended, on , by section 7 of the District Courts Amendment Act 1998 (1998 No 76).
                • Section 352A(4): replaced, on , by section 122(3) of the Resource Management Amendment Act 2005 (2005 No 87).
                • Section 352A(4) District Court Judge: amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
                • Section 352A(4) Registrar: amended, on , by section 111 of the Resource Legislation Amendment Act 2017 (2017 No 15).
                • Section 352A(4) Registrar: amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).