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 official papers are given to a ship's captain or owner when they're in trouble with the law”

If you are the master or owner of a ship and you’re being charged with breaking certain environmental laws, this is how you can be given official papers about the charge:

The papers can be given to the ship’s agent instead of directly to you. This can be done in two ways:

  1. Someone can hand the papers to the agent in person, or show them to the agent if they refuse to take them.

  2. The papers can be sent by registered mail to the agent’s home or work address.

This way of giving you the papers is considered valid, even if other laws say something different.

However, a judge or other court official might decide that the papers should be given to you in a different way if they think it’s possible in your situation.

The papers are considered to have been given to you at the time they were handed to the agent, or when a mailed letter would normally arrive.

If you want to know more about the specific people mentioned in this law, like District Court Judges or Justices, you can look up their definitions in other laws that are mentioned.

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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:
Environment and resources > Conservation
Transport and travel > Boating
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Part 14 Miscellaneous 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).