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Maritime Transport Act 1994

Protection of marine environment from hazardous ships, structures, and offshore operations

253: Offences

You could also call this:

"Breaking Maritime Transport Act Rules Can Lead to Fines or Prison"

Illustration for Maritime Transport Act 1994

You commit an offence if you do not follow instructions from the Director under section 248 or section 249. You also commit an offence if you stop someone from following these instructions. You commit an offence if you stop the Director from doing their job. If you are charged with an offence, you can say it was to save a life at sea. You can also say you followed the instructions as soon as you could. If you commit an offence, you can go to prison for up to 2 years or get a fine of up to $200,000. You can get a bigger fine if the offence continues. The court will only send you to prison if you meant to commit the offence or if you were reckless and caused serious damage to the marine environment. The court must also think the offence caused or will cause serious damage to the marine environment.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM337340.

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Part 20Protection of marine environment from hazardous ships, structures, and offshore operations

253Offences

  1. Every person commits an offence who—

  2. fails to comply with any instructions issued by the Director under section 248 or section 249; or
    1. wilfully obstructs a person acting in compliance with any instructions issued by the Director under either of those sections; or
      1. wilfully obstructs the Director in carrying out any of the powers conferred on the Director by either of those sections.

        1. It shall be a defence to proceedings for an offence against this section to prove that the action, or failure to act, which is alleged to constitute the offence resulted from the need to save life at sea.

        2. It shall be an additional defence to an offence against subsection (1)(a) to prove that the person charged complied as promptly as possible with the instructions.

        3. Every person who commits an offence against this section is liable on conviction to imprisonment for a term not exceeding 2 years or to a fine not exceeding $200,000 and, if the offence is a continuing one, to a fine not exceeding $10,000 for every day or part of a day on which the offence is continued.

        4. The court shall not sentence to imprisonment any person who commits an offence against this section unless the court is satisfied that—

        5. either—
          1. the person intended to commit the offence; or
            1. the offence occurred as a consequence of any reckless act or omission by the person with the knowledge that the act or omission would be likely to cause serious damage to the marine environment; and
            2. the commission of the offence has caused or is likely to cause serious damage to the marine environment.

              Notes
              • Section 253(4): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).