Maritime Transport Act 1994

Offences in relation to maritime activity - Disqualification

79: Appeals

You could also call this:

"What to do if you disagree with a decision about your maritime document: appealing a decision"

If you get disqualified from holding or getting a maritime document, you can appeal. The District Court can delay the disqualification while you appeal. You appeal under Part 6 of the Criminal Procedure Act 2011.

If the District Court says no to your application under section 77, you can appeal to the High Court. You follow the same rules as before, under Part 6 of the Criminal Procedure Act 2011. The High Court treats the refusal like a sentence.

If the High Court says no to your application under section 77, you can appeal to the Court of Appeal. You still follow Part 6 of the Criminal Procedure Act 2011. The Court of Appeal treats the refusal like a sentence.

When you appeal to the High Court or Court of Appeal, the court tells the Director. The Director can then join the appeal and have a say. If you appeal, the time you spend waiting for the appeal does not count towards your disqualification.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM335780.


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Part 6Offences in relation to maritime activity
Disqualification

79Appeals

  1. For the purposes of Part 6 of the Criminal Procedure Act 2011, an order of the District Court by which any person is disqualified from holding or obtaining a maritime document shall be deemed to be a sentence or part of a sentence, as the case may be. If a notice of appeal against any such order is filed, the court may, if it thinks fit, defer the operation of the order pending the appeal, but otherwise the order shall have immediate effect.

  2. Any person whose application under section 77 to the District Court is refused may appeal against the refusal to the High Court in accordance with Part 6 of the Criminal Procedure Act 2011 and that Part applies with the necessary modifications as if the refusal were a sentence.

  3. Any person whose application under section 77 to the High Court is refused may appeal to the Court of Appeal against the refusal in accordance with Part 6 of the Criminal Procedure Act 2011 and that Part applies with the necessary modifications as if the refusal were a sentence.

  4. Where application is made to the Court of Appeal for leave to appeal to that court against a sentence of the High Court that is or includes an order of disqualification, the High Court may, if it thinks fit, defer the operation of the order pending the application for leave to appeal and, if leave is granted, pending the appeal.

  5. Where an appeal to the High Court or Court of Appeal is allowed under this section, whether in whole or in part, the Registrar of the High Court shall send notice thereof to the Director who shall have a right to appear and be heard in respect of the matter.

  6. In determining the expiration of the period for which a person is disqualified from holding or obtaining a maritime document, any time during which the operation of the relevant order is deferred under this section shall be disregarded.

Compare
Notes
  • Section 79(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
  • Section 79(1): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
  • Section 79(2): replaced, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
  • Section 79(3): replaced, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).