Maritime Transport Act 1994

Protection of marine environment from harmful substances - Penalties

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

You could also call this:

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

If you break the rules in sections 237, 238, 239, or 242 of the Maritime Transport Act, you can get in trouble. You might have to pay a fine or go to prison for up to 2 years if you break the rules in section 237. You will also have to pay for the costs of cleaning up any harm you caused.

The court will only send you to prison if you did something very bad on purpose, or if you were reckless and caused serious harm to the environment. This applies to everyone, but there are some extra rules for people who own or are in charge of foreign ships. If you break the rules in sections 238, 239, or 242, you might have to pay a fine, depending on whether you are an individual or a company.

As an individual, you could be fined up to $10,000, and as a company, you could be fined up to $100,000. You might also have to pay extra for each day you continue to break the rules. In some cases, you might have to pay an additional penalty under section 409.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM337311.


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243: Defences to offence against section 237, or

"Defending yourself against charges for harming the environment with ship waste"


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245: Penalties in respect of sections 240, 241, and 242A, or

"Penalties for breaking maritime rules: fines up to $5,000 for individuals or $50,000 for companies"

Part 19Protection of marine environment from harmful substances
Penalties

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

  1. Subject to subsection (2), every person who commits an offence against section 237 is liable on conviction

  2. to imprisonment for a term not exceeding 2 years or a fine not exceeding $200,000 and, if the offence is a continuing one, to a further fine not exceeding $10,000 for every day or part of a day during which the offence is continued; and
    1. to pay such amount as the court may assess in respect of the costs incurred in respect of or associated with removing, containing, rendering harmless, or dispersing any harmful substance discharged as a result of the offence; and
      1. to an additional penalty under section 409.
        1. The court shall not sentence to imprisonment any person who commits an offence against section 237 unless the court is satisfied,—

        2. where the person is the master or owner of a foreign ship,—
          1. that the offence was committed within the territorial sea; and
            1. that the person intended to commit the offence, or the offence occurred as a consequence of any reckless act or omission by the person with the knowledge that that act or omission would or would be likely to cause serious damage to the marine environment within the territorial sea; and
              1. that the commission of the offence has caused or is likely to cause serious damage to the marine environment within the territorial sea:
              2. in any other case,—
                1. that the person intended to commit the offence, or the offence occurred as a consequence of any reckless act or omission by the person with the knowledge that that act or omission would or would be likely to cause serious damage to the marine environment; and
                  1. that the commission of the offence has caused or is likely to cause serious damage to the marine environment.
                  2. Every person who commits an offence against section 238 or section 239 or section 242 is liable on conviction,—

                  3. in the case of an individual, to a fine not exceeding $10,000 and, if the offence is a continuing one, to a further fine not exceeding $2,000 for every day or part of a day during which the offence is continued:
                    1. in the case of a body corporate, to a fine not exceeding $100,000 and, if the offence is a continuing one, to a further fine not exceeding $20,000 for every day or part of a day during which the offence is continued:
                      1. in the case of an individual who, or a body corporate that, commits an offence against section 238, to an additional penalty under section 409.
                        Notes
                        • Section 244(1): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
                        • Section 244(2): substituted, on , by section 2 of the Maritime Transport Amendment Act 1996 (1996 No 79).
                        • Section 244(3): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
                        • Section 244 compare note: added, on , by section 2 of the Maritime Transport Amendment Act 1996 (1996 No 79).