Maritime Transport Act 1994

Offences in relation to maritime activity - Disqualification

77: Removal of disqualification

You could also call this:

"Getting a maritime ban lifted after 6 months"

If you are disqualified from holding a maritime document for more than 6 months, you can apply to the court to remove the disqualification after 6 months. You can do this by applying to the same court that made the order. The court will look at your character, how you have behaved since the order, the nature of the offence, and other circumstances to decide whether to remove the disqualification. The court can remove the disqualification from a certain date or refuse your application. If the District Court made the disqualification order, you must apply to a District Court Judge in the same court. You must give notice of your application to the Director, who can appear and be heard on the matter, and you can find more information about similar laws by looking at the Maritime Transport Act 1994 and section 62 of another act.

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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=DLM335778.

76: Retention and custody of documents, or

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

78: Particulars of disqualification orders, etc, to be sent to Director, or

"Telling the Director about court orders that stop people from doing something"

Part 6Offences in relation to maritime activity
Disqualification

77Removal of disqualification

Subject to this section, any person who by order of a court is disqualified for a period exceeding 6 months from holding or obtaining a maritime document, or is disqualified from being recognised as the holder of a maritime document, may, after the expiration of 6 months after the date on which the order of disqualification became effective, apply to the court by which that order was made to remove the disqualification.
On an application under this section, the court may, having regard to the character of the applicant and the applicant’s conduct subsequent to the order, the nature of the offence, and any other circumstances of the case, remove the disqualification as from such date as may be specified in the order or refuse the application.
In the case of a disqualification ordered by the District Court, every application under this section shall be made to a District Court Judge exercising jurisdiction in the court by which the order was made.
Notice of every application under this section shall be served on the Director who shall have a right to appear and be heard in respect of the matter.

Compare

1990 No 98 s 62

Notes

Section 77(3): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).