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Maritime Transport Act 1994

Consequential amendments, transitional provisions, and repeals

470: Proceedings under Marine Pollution Act 1974

You could also call this:

"Taking someone to court for polluting the sea before the old law was replaced"

If you want to take someone to court under the Marine Pollution Act 1974, you can still do this. This is because the Maritime Transport Act 1994 does not stop you from starting a court case about something that happened before the Marine Pollution Act 1974 was repealed. You can use the Marine Pollution Act 1974 and its rules in your court case, even though it is no longer a law. When you are taking someone to court, the regional council and the Director are allowed to start a court case about certain offences that happened in a harbour.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM339203.

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469: Permits and other documents issued under Marine Pollution Act 1974, or

"Documents and permits to protect the sea from pollution are still valid under new laws."

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471: No liability for continuing offences after repeal, or

"You won't get in trouble for breaking old rules after they're removed."

Part 31Consequential amendments, transitional provisions, and repeals

470Proceedings under Marine Pollution Act 1974

  1. Nothing in this Part shall prevent proceedings being commenced under the Marine Pollution Act 1974 where the events to which those proceedings relate have occurred before the repeal of that Act.

  2. In any proceeding to which subsection (1) applies, the provisions of the Marine Pollution Act 1974 and any regulations and Orders in Council made under that Act shall apply as if they had not been repealed or revoked.

  3. For the purposes of subsection (1) and section 60(7) of the Marine Pollution Act 1974, the regional council within whose region the relevant harbour is located and the Director shall be deemed to be authorised to institute proceedings for an offence (other than an offence against section 12(7) of the Marine Pollution Act 1974) committed in or in relation to the waters of a harbour.