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

411: Limitation of proceedings

You could also call this:

"Time limit to be charged for a maritime offence"

If you commit an offence against the Maritime Transport Act, there is a time limit for when you can be charged. This time limit is 12 months after the offence was committed, but it does not include any time when you are outside New Zealand's territory. You can find more information about this in section 25 of the Criminal Procedure Act 2011, which has some rules that do not apply in this case. The 12-month time limit is affected by some special rules in the Maritime Transport Act. When you are charged with an offence, the time limit for the charge is subject to these special rules.

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

411Limitation of proceedings

  1. Despite anything to the contrary in section 25 of the Criminal Procedure Act 2011, the limitation period in respect of an offence against this Act ends on the date that is 12 months after the date on which the offence was committed.

  2. The period of 12 months does not run while the person charged is beyond the limits and territorial sea of New Zealand.

  3. Subsection (1) is subject to subsection (2) and to any special provisions of this Act.

Notes
  • Section 411: replaced, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
  • Section 411(1): amended, on , by section 71 of the Maritime Transport Amendment Act 2013 (2013 No 84).
  • Section 411(2): amended, on , by section 71 of the Maritime Transport Amendment Act 2013 (2013 No 84).