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Maritime Transport Act 1994

Protection of marine environment from harmful substances - Defences

243: Defences to offence against section 237

You could also call this:

"Defending yourself against charges of harming the environment with a ship"

Illustration for Maritime Transport Act 1994

If you are charged with an offence against section 237, you can defend yourself. You can say the harmful substance was discharged to keep a ship safe or save lives. You must show it was a reasonable step to take. You can also say the substance escaped because the ship was damaged. The damage must not have been your fault. You must have taken all reasonable steps to stop the substance escaping as soon as possible. You must prove one of these things happened to defend yourself against the charge.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM337309.

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Topics:
Environment and resources > ConservationTransport and travel > Boating

Part 19Protection of marine environment from harmful substances
Defences

243Defences to offence against section 237

  1. It is a defence to proceedings for an offence against section 237 if the defendant proves that—

  2. the harmful substance was discharged for the purpose of securing the safety of a ship or for the purpose of saving life, and the discharge was a reasonable step to take to effect that purpose; or
    1. the harmful substance escaped as a consequence of damage to the ship or its equipment and—
      1. the damage occurred without the negligence or deliberate act of the defendant; and
        1. as soon as practicable after the damage occurred, all reasonable steps were taken to prevent the escape of the harmful substance or, if an escape could not be prevented, to minimise the escape.

        Notes
        • Section 243: replaced, on , by section 47(1) of the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 (2013 No 85).