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:

"Defending yourself in court when you did something necessary to stay safe or save lives."

If you are charged with an offence against section 264, you can defend yourself if you can prove that what you did or didn't do was necessary. You must show it was necessary to save human life, stop a serious threat to a ship or aircraft, or to keep a ship safe in bad weather. You also need to show that what you did was a reasonable step to take.

You must prove that your actions would cause less damage than if you had done nothing. You need to show that you tried to minimise harm to people and marine life when you took your actions. This is how you can defend yourself against the charge.

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This page was last updated on 25 May 2025

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

264: Offences in respect of dumping and incineration of waste and other matter, or

"Breaking the rules about dumping waste from ships and planes is against the law"

266: Penalties, or

"What happens if you break the Maritime Transport Act 1994 rules: you might get fined or have to pay for the mess you made"

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

265Special defences

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—
was necessary—
1. to save or prevent danger to human life; or
2. to avert a serious threat to the ship, aircraft, offshore installation, or marine incineration facility; or
3. 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
was a reasonable step to take in all the circumstances; and
was likely to result in less damage than would otherwise have occurred; and
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