Maritime Transport Act 1994

Powers and duties of Director of Maritime New Zealand in relation to maritime activity - Inspection, investigation, detention, and rectification

56: Costs of detention, etc

You could also call this:

"Paying costs when a ship or maritime product is detained or seized"

If you own a ship or a maritime product, you might have to pay costs if the Director detains your ship under section 55. The costs you pay will be the same as those outlined in section 462. You will have to pay for the costs of the detention.

If the Director seizes a maritime product under section 55, you will have to pay the Authority for the costs of the seizure. The Authority will decide what costs are reasonable.

You can get compensation from the Authority if the Director detains your ship or seizes your maritime product for too long. You can also get compensation if the Director delays your ship or the use of your maritime product for too long.

If someone complains about your ship or maritime product and the Director takes action under section 55, the complainant might have to pay the Authority's costs. This will happen if the complaint is found to be frivolous or vexatious.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM335735.


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55: Detention, etc, of ships and maritime products, or

"Stopping ships or maritime products that might harm people or property"


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57: Investigation of accidents, incidents, and mishaps by Director, or

"The Director looks into maritime accidents to find out what happened."

Part 5Powers and duties of Director of Maritime New Zealand in relation to maritime activity
Inspection, investigation, detention, and rectification

56Costs of detention, etc

  1. Where the Director acts under section 55 to detain a ship, the provisions of section 462 shall apply to the costs of and incidental to the detention.

  2. Where the Director acts under section 55 to seize a maritime product, the Authority may recover from the owner of such maritime product all reasonable costs of and incidental to such seizure.

  3. The Authority is liable to pay to the owner of a ship or a maritime product compensation for any loss resulting from the Director unduly detaining the ship or maintaining the seizure of a maritime product.

  4. The Authority is liable to pay to the owner of a ship or maritime product compensation for any loss resulting from the Director unduly delaying the ship or the use of the maritime product.

  5. Where the Director has taken action under section 55 on the information of a complainant and the information is subsequently found to be frivolous or vexatious, the complainant is liable to indemnify the Authority for all costs for which the Authority is liable under this section.

Compare
  • 1952 No 49 s 306
  • 1987 No 184 s 14