Maritime Transport Act 1994

Making of marine protection rules and regulations and taking of other measures to protect marine environment - General powers of Director in relation to protection of marine environment

398: Costs of detention under section 397

You could also call this:

"Paying costs if your ship or gear is held by the Director"

If you own a ship or a marine protection product, you might have to pay costs if the Director detains your ship under section 397. The costs you pay will be the same as those outlined in section 462. You will have to pay for the costs of detaining your ship.

If the Director seizes your marine protection product under section 397, you might have to pay the Authority for the costs of seizing it. The Authority can only charge you for reasonable costs.

If the Director detains your ship or seizes your marine protection product for too long, or delays you for too long, the Authority will have to pay you compensation for your losses. The Authority will also have to pay you compensation if the Director delays your ship or the use of your marine protection product for too long.

If someone complains about you and the Director takes action under section 397, but the complaint is later found to be unfair or made to annoy you, the person who complained will have to pay the Authority back for any costs they had to pay you.

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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=DLM338351.

397: Detention, etc, of ships and seizure of marine protection products, or

"Stopping ships that harm the environment: the Director can stop or seize ships and products that break the rules."

399: Failure to comply with Director’s inspection or audit requirements, or

"Not doing what the Director asks during a maritime check is against the law"

Part 27Making of marine protection rules and regulations and taking of other measures to protect marine environment
General powers of Director in relation to protection of marine environment

398Costs of detention under section 397

Where the Director acts under section 397 to detain a ship, the provisions of section 462 shall apply to the costs of and incidental to the detention.
Where the Director acts under section 397 to seize a marine protection product, the Authority may recover from the owner of such marine protection product all reasonable costs of and incidental to such seizure.
The Authority is liable to pay to the owner of a ship or a marine protection product compensation for any loss resulting from the Director unduly detaining the ship or maintaining the seizure of the marine protection product.
The Authority is liable to pay to the owner of a ship or marine protection product compensation for any loss resulting from the Director unduly delaying the ship or the use of the marine protection product.
Where the Director has taken action under section 397 on the information of a complainant and the information is subsequently found to be frivolous or vexatious, the complainant is liable to indemnify the Authority for all costs for which the Authority is liable under this section.