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Maritime Transport Act 1994

Miscellaneous provisions applying to this Act generally - Detention of ship and distress on ship

460: Enforcing detention of ships

You could also call this:

"Stopping a ship from sailing away when it's not allowed to"

If a ship is supposed to be detained under the Maritime Transport Act 1994, the Director, the chief executive of the New Zealand Customs Service, or a court can order the ship to be detained. If the ship sails away before it is released, you, as the master or owner, can get in trouble. You might have to pay a fine or even go to prison for up to 12 months if you are an individual, or your company might have to pay a fine of up to $100,000. If someone is on the ship to detain it and the ship sails away, you, as the master or owner, can get in trouble again.

If a ship is supposed to be detained, a Customs officer will not let the ship sail away by refusing to give it clearance. You, as the master or owner, will have to follow the rules and wait for clearance before sailing. The Maritime Transport Act 1994 has rules to make sure ships follow the law, and you have to obey these rules.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM338888.

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Part 30Miscellaneous provisions applying to this Act generally
Detention of ship and distress on ship

460Enforcing detention of ships

  1. Where under this Act a ship is to be or may be detained, the Director, the chief executive of the New Zealand Customs Service, or any person to whom an order for detention made by any court or Judge under powers conferred by this Act is directed, may detain the ship; and if, after detention or after service on the master of any notice of or order for detention, the ship proceeds to sea before it is released by competent authority, the master and the owner, and also any person who sends the ship to sea if he or she is a party or privy to the offence, each commits an offence and shall be liable on conviction,—

  2. in the case of an individual, to imprisonment for a term not exceeding 12 months or a fine not exceeding $10,000:
    1. in the case of a body corporate, to a fine not exceeding $100,000.

      1. If a ship proceeds to sea while there is on board any person who is detaining the ship under this Act, the owner and the master of the ship each commits an offence against this Act and shall, in addition to the liability he or she incurs under subsection (1), be liable on conviction in respect of each offence,—

      2. in the case of an individual, to imprisonment for a term not exceeding 12 months or to a fine not exceeding $10,000:
        1. in the case of a body corporate, to a fine not exceeding $100,000.

          1. Where under this Act a ship is to be detained, a Customs officer shall, and, where under this Act a ship may be detained, a Customs officer may, refuse to grant a clearance to that ship.

          Compare
          • 1952 No 49 s 490
          Notes
          • Section 460(1): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
          • Section 460(1): amended, on , by section 289(1) of the Customs and Excise Act 1996 (1996 No 27).
          • Section 460(2): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
          • Section 460(3): amended, on , by section 289(1) of the Customs and Excise Act 1996 (1996 No 27).