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Maritime Transport Act 1994

Offences in relation to maritime activity - Disqualification

76: Retention and custody of documents

You could also call this:

"What happens to your maritime documents if you're not allowed to keep them"

If a court decides you cannot hold or get a maritime document, you must give the document to the court or the Authority. You have to do this right away, even if nobody asks you to. The document will then be sent to the Director.

The Director will write on the document that you are not allowed to hold it and will keep it until you are allowed to have it again. You can get the document back when you are allowed to have it again, but you have to ask for it in writing. The Director will only give it back to you when you are supposed to have it.

If you are someone who has to pass tests or meet requirements under section 74(2), you will not get your document back until you have done these things. This means you have to meet the requirements before you can have your document back. You will get your document back after you have met the requirements and are allowed to have it again.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM335777.

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Part 6Offences in relation to maritime activity
Disqualification

76Retention and custody of documents

  1. Where, by an order of a court, the holder of a maritime document is disqualified from holding or obtaining a document, the person in respect of whom the order is made shall forthwith, and whether or not demand is made, surrender the document to—

  2. the court where the order was made; or
    1. the Authority.

      1. Where a maritime document is so surrendered, it shall forthwith be forwarded to the Director who shall endorse the terms of the disqualification on the document and retain it until the disqualification has expired or been removed and the person entitled to the document has made a request in writing for its return.

      2. If the person entitled to the document is a person to whom section 74(2) applies, the document shall not be returned to that person until that person has passed the tests and fulfilled the requirements referred to in that provision.

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