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Maritime Transport Act 1994

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

256: Protection of Director and other persons

You could also call this:

"People who follow the rules are protected from getting in trouble"

If you are the Director, you will not be in trouble for following the rules in section 248 or section 249. You will also not be in trouble if you follow the instructions given in those sections. This protection also applies to you if you are not the Director, but you follow the instructions given in those sections, as long as you are following the rules in section 251. Section 121 of the Crown Entities Act 2004 does not change this rule.

If you do something wrong under section 344, section 345, or section 346, you can still get in trouble, even if you followed the instructions. You are protected from getting in trouble for following the rules, but this does not mean you can do anything wrong and not get in trouble. The rules in section 248 or section 249 are still important and you should follow them.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM337349.

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

256Protection of Director and other persons

  1. Where—

  2. the Director has taken any measures under the provisions of section 248 or section 249; or
    1. any person has complied with any instructions issued under either of those sections,—
        1. then, subject to section 251, neither the Director nor that person shall be under any criminal liability or any civil liability in respect thereof.

      1. Section 121 of the Crown Entities Act 2004 does not limit this section.

      2. Nothing in subsection (1) affects the liability of any person under section 344, 345, or 346.

      Notes
      • Section 256(2): added, on , by section 200 of the Crown Entities Act 2004 (2004 No 115).
      • Section 256(3): inserted, on , by section 51 of the Maritime Transport Amendment Act 2013 (2013 No 84).