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 for costs when a ship is stopped under the law"

Illustration for Maritime Transport Act 1994

You can be charged for costs when a ship is detained under section 397. The costs are handled like they are in section 462. If you own a marine protection product that is seized, you may have to pay for the costs of the seizure. When the Director detains a ship or seizes a product by mistake, you can get compensation for your losses. This also applies if the Director delays your ship or product for too long. If someone makes a complaint that is not genuine, they may have to pay the costs that the Authority has to pay. This happens when the Director takes action based on the complaint under section 397.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM338351.

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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.