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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 much an agent must pay if a ship owner breaks the law and won't pay their fine"

If you own a ship and you break the law, you might have to pay a fine. If you do not pay the fine, the government can ask your agent to pay it instead. Your agent can then ask you to pay them back. You can pay your agent back directly, or your agent can take the money out of any payments they owe you. The District Court can help sort out any problems with paying the fine, no matter how much money is involved, and you can look at the District Court Act 2016 for more information.

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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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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"

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246A: Meaning of ballast water, convention, and ship, or

"What 'ballast water', 'convention', and 'ship' mean in the Maritime Transport Act 1994"

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).