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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 for harming the environment with ship waste"

If you are charged with an offence against section 237, you can defend yourself if you prove that you discharged a harmful substance to keep a ship safe or to save a life, and this was a reasonable thing to do. You can also defend yourself if the harmful substance escaped because the ship or its equipment was damaged, and this damage was not your fault. In this case, you must also show that you took all reasonable steps as soon as possible to stop the substance from escaping or to reduce the amount that escaped.

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This page was last updated on

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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242A: Failure to comply with prohibitions, or

"Breaking the rules about transferring oil or bad substances to or from a ship in New Zealand waters"

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244: Penalties in respect of sections 237, 238, 239, and 242, or

"Penalties for breaking maritime rules: fines or prison for harming the environment"

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).