Maritime Transport Act 1994

Offences in relation to maritime activity - Disqualification

79: Appeals

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

Illustration for Maritime Transport Act 1994

If you get disqualified from holding a maritime document, you can appeal. The District Court's order is like a sentence. You can file a notice of appeal and the court may delay the order. If the District Court refuses your application, you can appeal to the High Court. You follow the rules in Part 6 of the Criminal Procedure Act 2011. This Part applies like the refusal was a sentence. If the High Court refuses your application, you can appeal to the Court of Appeal. You still follow the rules in Part 6 of the Criminal Procedure Act 2011. The Court of Appeal may delay the order if you apply for leave to appeal. When you appeal, the Registrar of the High Court tells the Director. The Director can then appear and be heard in the matter. If the court delays the order, this time does not count towards your disqualification period. You can find more information in the Criminal Procedure Act 2011, which you can read on the New Zealand legislation website https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3360366.

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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.

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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).