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 product is detained or seized"

Illustration for Maritime Transport Act 1994

You might have to pay costs if a ship is detained. The Director uses rules from section 462 to decide these costs. The costs are for detaining the ship. If the Director seizes a maritime product, you might have to pay costs. The Authority decides what these costs are. You have to pay if you own the product. You can get compensation if the Director detains your ship or product for too long. The Authority pays this compensation. You can also get compensation if the Director delays your ship or product. If someone complains and the information is not true, they might have to pay costs. The Authority decides if the complaint is frivolous or vexatious. The complainant pays the costs if the complaint is not true.

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

56Costs of detention, etc

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.
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.
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.
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.
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