Plain language law

New Zealand law explained for everyone

Maritime Transport Act 1994

General offences and provisions in relation to offences and appeals under this Act - General provisions in respect of offences

409: Additional penalty for offence involving commercial gain

You could also call this:

"Paying extra if you break the rules for personal financial gain"

If you break certain rules in the Maritime Transport Act, like those listed in section 33F, 33T, 33V, and others, the court can give you an extra penalty. The court can order you to pay up to three times the amount of money you gained from breaking the rule, but only if you broke the rule to make money. The court will decide how much money you gained and you will have to pay the extra penalty like you would pay a fine.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM338367.

Previous

408: Offences to be punishable on summary conviction, or

"Breaking Maritime Transport Act rules can lead to a quick court decision and punishment"

Next

410: Liability of principal for acts of agents, or

"Your boss can get in trouble if you do something wrong at work, even if they didn't do it themselves."

Part 28General offences and provisions in relation to offences and appeals under this Act
General provisions in respect of offences

409Additional penalty for offence involving commercial gain

  1. In addition to any other penalty the court may impose under this Act, the court may, on convicting any person of an offence against section 33F, 33T, 33V, 64, 65, 67A, 67B, 68, 69A, 69B, 70, 237, 238, 263, 264, 277, 278, or 400, order that person to pay an amount not exceeding 3 times the value of any commercial gain resulting from the commission of that offence if the court is satisfied that the offence was committed in the course of producing a commercial gain.

  2. For the purpose of subsection (1), the value of any gain shall be assessed by the court, and any amount ordered to be paid shall be recoverable in the same manner as a fine.

Compare
Notes
  • Section 409(1): amended, on , by section 70 of the Maritime Transport Amendment Act 2013 (2013 No 84).