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Maritime Transport Act 1994

Protection of marine environment from harmful substances - Penalties

246: Amount of fine or other monetary penalty recoverable from agent

You could also call this:

"How to get back money paid for a ship owner's fine"

Illustration for Maritime Transport Act 1994

You can be fined or penalised if you break the law. If the master or owner of a ship is fined and does not pay, the Crown can take the unpaid amount from the ship's agent. The agent can then recover this amount from the master or owner. You can recover the amount you paid from the master or owner of the ship. You can do this by taking it out of any money you owe them or by taking them to court. The District Court can hear cases about recovering money from the agent, master, or owner of a ship, no matter how much money is involved, as stated in the Admiralty Act 1973 and the District Court Act 2016.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM337314.

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Topics:
Transport and travel > BoatingMoney and consumer rights > Debt recovery

Part 19Protection of marine environment from harmful substances
Penalties

246Amount of fine or other monetary penalty recoverable from agent

  1. Notwithstanding any enactment or rule of law to the contrary, if any master or owner of a ship—

  2. is convicted of an offence against section 237; and
    1. makes default in the payment of any fine or other monetary penalty imposed by the court under section 244,—
        1. the Crown may recover as a debt from the agent of the ship such amount of that fine or monetary penalty as remains unpaid.

      1. Every agent of a ship who, under subsection (1), pays any fine or other monetary penalty imposed on the master or owner of the ship shall be entitled to recover the amount so paid from that master or owner as a debt or deduct that amount out of or from any money which is or becomes payable by that agent to that master or owner; and any amount so paid by the agent shall, for the purposes of section 4(1)(p) of the Admiralty Act 1973, be deemed to be a disbursement made on account of the ship.

      2. Notwithstanding anything in the District Court Act 2016, the District Court shall have jurisdiction to hear and determine proceedings for the recovery, in accordance with this section, of any money from any agent or master or owner of a ship whatever the amount of money involved.

      Notes
      • Section 246(3): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).