Maritime Transport Act 1994

Protection of marine environment from ballast water

246D: Defences

You could also call this:

"Reasons you might not be in trouble for breaking the ballast water rules"

If you are charged with an offence against section 246C, you can use some defences. You have a defence if you can prove the discharge of ballast water was to save a life and it was a reasonable thing to do. You have to show it was the right step to take to achieve that purpose.

You also have a defence if you can prove the discharge was to keep a ship safe and it was a reasonable thing to do. You have to show it was the right step to take to achieve that purpose.

If ballast water escapes because something is damaged, you have a defence if you can prove the damage was not your fault. You must also show that you took all reasonable steps to stop the escape or minimise it as soon as you could.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7443424.


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246C: Offence, or

"Breaking the ballast water rules is a crime and can lead to fines or imprisonment."


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246E: Director's powers, or

"The Director's job is to investigate and gather information about ballast water incidents"

Part 19AProtection of marine environment from ballast water

246DDefences

  1. This section sets out defences to proceedings for an offence against section 246C.

  2. The defendant has a defence if the defendant proves that the discharge—

  3. was for the purpose of saving life; and
    1. was a reasonable step to take to achieve the purpose.
      1. The defendant has a defence if the defendant proves that the discharge—

      2. was for the purpose of securing the safety of a ship; and
        1. was a reasonable step to take to achieve the purpose.
          1. The defendant has a defence if the defendant proves that—

          2. the ballast water escaped as a consequence of damage to—
            1. a ship or its equipment; or
              1. apparatus other than a ship used in connection with marine operations; or
                1. a pipeline; and
                2. the damage did not result from the defendant's negligence or deliberate act; and
                  1. as soon as practicable after the damage occurred, all reasonable steps were taken—
                    1. to prevent the escape; or
                      1. if the escape could not be prevented, to minimise the escape.
                      Notes
                      • Section 246D: inserted, on , by section 86(5) of the Biosecurity Law Reform Act 2012 (2012 No 73).