Maritime Transport Act 1994

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

267: Sentence of imprisonment

You could also call this:

"Going to prison for harming the marine environment"

If you commit an offence against section 263, the court can sentence you to imprisonment for up to 2 years instead of giving you a fine under section 266. The court will only sentence you to imprisonment if you meet certain conditions. You must have caused or be likely to cause serious damage to the marine environment.

If you are the master or owner of a foreign ship, the court will check if the offence happened in New Zealand's territorial sea. They will also check if you meant to commit the offence or if it happened because of something reckless you did. The court needs to be satisfied that your actions caused or will cause serious damage to the marine environment in the territorial sea.

In other cases, the court will sentence you to imprisonment if they think you caused or will cause serious damage to the marine environment. This is what the court considers when deciding whether to give you a prison sentence. The court's decision is based on the damage you caused to the environment.

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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=DLM337394.

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"

268: Marine protection documents to be held and complied with if required by marine protection rules, or

"Follow the rules and have the right documents to protect the marine environment."

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

267Sentence of imprisonment

Subject to subsection (2), the court may sentence a person who commits an offence against section 263 to imprisonment for a term not exceeding 2 years instead of imposing a fine under section 266.
The court shall not sentence to imprisonment any person who commits an offence against section 263 unless the court is satisfied,—
where the person is the master or owner of a foreign ship,—
1. that the offence was committed within the territorial sea; and
2. that the person intended to commit the offence, or the offence occurred as a consequence of any reckless act or omission by the person with the knowledge that that act or omission would or would be likely to cause serious damage to the marine environment within the territorial sea; and
3. that the commission of the offence has caused or is likely to cause serious damage to the marine environment within the territorial sea:
in any other case, that the commission of the offence has caused or is likely to cause serious damage to the marine environment.

Notes

Section 267(2): substituted, on 1 August 1996, by section 3 of the Maritime Transport Amendment Act 1996 (1996 No 79).
Section 267 compare note: added, on 1 August 1996, by section 3 of the Maritime Transport Amendment Act 1996 (1996 No 79).