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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"

Illustration for Maritime Transport Act 1994

If you commit an offence against section 263, the court can sentence you to prison for up to 2 years instead of giving you a fine under section 266. The court will only sentence you to prison if you meet certain conditions. You must have caused or be likely to 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=DLM337394.

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Topics:
Environment and resources > ConservationCrime and justice > Criminal law

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

267Sentence of imprisonment

  1. 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.

  2. The court shall not sentence to imprisonment any person who commits an offence against section 263 unless the court is satisfied,—

  3. where the person is the master or owner of a foreign ship,—
    1. that the offence was committed within the territorial sea; and
      1. 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
        1. that the commission of the offence has caused or is likely to cause serious damage to the marine environment within the territorial sea:
        2. 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 , by section 3 of the Maritime Transport Amendment Act 1996 (1996 No 79).
          • Section 267 compare note: added, on , by section 3 of the Maritime Transport Amendment Act 1996 (1996 No 79).