Maritime Transport Act 1994

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

412: Proof of exemption, etc

You could also call this:

"Proving you don't have to follow the rules because you have a good reason"

If you are accused of doing something wrong under the Maritime Transport Act 1994, you can prove that you are exempt. You can show that you have a good reason for what you did. You do not have to say this when you are first accused, and the person accusing you does not have to prove that you are not exempt. If the accusation mentions that you might be exempt, the person accusing you does not have to prove that you are not. You can prove you are exempt when you respond to the accusation.

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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=DLM338370.

411: Limitation of proceedings, or

"Time limit to be charged for a maritime offence"

413: Place where offences deemed to be committed, or

"Where a maritime offence is considered to have happened"

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

412Proof of exemption, etc

Any exception, exemption, proviso, excuse, or qualification in relation to any offence against this Act or any rules or regulations under this Act, whether it does or does not accompany in the same section the description of the offence, may be proved by the defendant, but need not be specified or negatived in any charge and, if so specified or negatived, no proof in relation to the matter so specified or negatived shall be required on the part of the prosecutor.

Compare

1952 No 49 s 482

Notes

Section 412: amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).