Maritime Transport Act 1994

Offences in relation to maritime activity - Safety offences

66: Effect of breach of maritime rule

You could also call this:

"What happens if you break a maritime rule"

If you break a maritime rule, you might be charged with an offence against section 64 or section 65. The court will think that your actions caused danger to someone or something if they are satisfied you broke a maritime rule, unless you can prove otherwise. This is true even if no one got hurt or nothing got damaged.

If you are accused of doing something wrong under section 64 or section 65, the court does not need proof that you broke a maritime rule to decide if you are guilty. You can still be found guilty of the offence even if you did not break a specific maritime rule.

The court's decision is based on the offence you are accused of, and breaking a maritime rule is just one piece of information they might consider when making their decision.

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This page was last updated on 25 May 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM335761.

65A: Proceeding without pilot contrary to maritime rules or direction given under section 60A, or

"Sailing a ship without a pilot when you're not allowed to is against the law"

67: Communicating false information affecting safety, or

"Telling lies about ship safety is against the law"

Part 6Offences in relation to maritime activity
Safety offences

66Effect of breach of maritime rule

Where any person is charged with any offence against section 64 or section 65 and the court is satisfied that any act or omission of that person, or caused or permitted by that person, constitutes a breach of a relevant maritime rule, then, in the absence of proof to the contrary, it shall be presumed that the act or omission caused unnecessary danger or risk to another person or to property, irrespective of whether or not in fact any injury or damage occurred.
Nothing in this section shall be construed so as to require the proof of a breach of a maritime rule as an element of any offence described in section 64 or section 65.