Plain language law

New Zealand law explained for everyone

Maritime Transport Act 1994

Protection of marine environment beyond New Zealand continental waters from dumping, incineration, and storing of wastes - Offences

265: Special defences

You could also call this:

"Defences you can use if you're charged with breaking a maritime rule"

Illustration for Maritime Transport Act 1994

If you are charged with an offence against section 264, you have a defence if you can prove the act or omission was necessary. You must show it was necessary to save human life, avert a threat to a ship or facility, or secure safety due to bad weather. You also need to prove it was a reasonable step, would cause less damage, and was done to minimise harm to humans or marine life.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM337391.

This page was last updated on — View changes

Topics:
Transport and travel > BoatingCrime and justice > Criminal law

Part 21Protection of marine environment beyond New Zealand continental waters from dumping, incineration, and storing of wastes
Offences

265Special defences

  1. In any prosecution for an offence against section 264, it is a defence if the defendant proves that the act or omission which is alleged to constitute the offence—

  2. was necessary—
    1. to save or prevent danger to human life; or
      1. to avert a serious threat to the ship, aircraft, offshore installation, or marine incineration facility; or
        1. in the case of force majeure caused by stress of weather, to secure the safety of the ship, aircraft, offshore installation, or marine incineration facility; and
        2. was a reasonable step to take in all the circumstances; and
          1. was likely to result in less damage than would otherwise have occurred; and
            1. was taken or omitted in such a way that the likelihood of damage to human or marine life was minimised.

              Compare
              • 1974 No 14 s 23