Maritime Transport Act 1994

Obligations and powers in relation to marine protection documents - Powers of Director in relation to marine protection documents

274: Suspension or revocation of marine protection document where prescribed fees or charges unpaid

You could also call this:

"What happens if you don't pay fees for your marine protection document: it can be suspended or taken away."

If you do not pay a fee or charge on time, the Director can suspend your marine protection document. The Director can do this if the fee or charge is related to the document and you have not paid it by the due date. You will not be able to use the document until you pay the fee or charge.

If you still have not paid the fee or charge after six months, the Director can revoke your marine protection document. This means you will no longer have the document and you will not be able to use it. The Director will tell you before they suspend or revoke your document.

If the Director revokes your document, you must give it back to them straight away. The Director can also refuse to help you with an application or service if you have not paid the fee or charge. You can appeal to the District Court under section 424 if you do not agree with the Director's decision.

You can appeal to the District Court if the Director makes a decision about your document that you do not like. The Director will tell you about your right to appeal when they tell you about their decision. You can use section 424 to appeal to the District Court.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM337605.


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273: Revocation of marine protection documents, or

"The Director can cancel a marine protection document and you have the right to appeal this decision."


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275: Amendment or revocation in other cases, or

"Changing or cancelling marine protection documents in special situations"

Part 22Obligations and powers in relation to marine protection documents
Powers of Director in relation to marine protection documents

274Suspension or revocation of marine protection document where prescribed fees or charges unpaid

  1. Where any fee or charge that is payable under this Act, or any regulations made under this Act, is not paid by the date prescribed or fixed for payment of that fee or charge, the Director may suspend the marine protection document, or suspend the recognition of the document as a marine protection document, to which the unpaid fee or charge relates.

  2. Where any fee or charge payable under this Act, or any regulations made under this Act, is not paid within 6 months after the date prescribed or fixed for payment of that fee or charge, the Director may revoke the marine protection document, or revoke the recognition of the document as a marine protection document, to which the fee or charge relates.

  3. Before undertaking any action under subsection (1) or subsection (2), the Director shall notify the holder of that document of—

  4. the Director’s intention to act under subsection (1) or subsection (2); and
    1. the right of appeal available to the holder of that document in the event of the Director taking such action.
      1. Where a marine protection document or recognition of a document as a marine protection document has been revoked under this section, the holder shall forthwith surrender that document or notification of that document to the Director.

      2. Where a fee or charge is payable to the Authority or the Director in respect of an application or the provision of a service, the Authority or the Director, as the case may be, may, unless the marine environment would as a result be put at risk, decline to process that application or provide that service until the appropriate fee or charge has been paid, or arrangements acceptable to the Authority or the Director, as the case may be, for payment of the fee or charge have been made.

      3. Any person in respect of whom any decision is taken under this section may appeal against that decision to the District Court under section 424.

      Compare
      Notes
      • Section 274(6): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).