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Maritime Transport Act 1994

Protection of marine environment from ballast water

246D: Defences

You could also call this:

"Reasons you are not guilty of harming the marine environment"

Illustration for Maritime Transport Act 1994

You can defend yourself against a charge under section 246C if you can prove certain things. You have a defence if you discharged ballast water to save a life and it was a reasonable thing to do. You also have a defence if you discharged ballast water to keep a ship safe and it was a reasonable thing to do. You have a defence if ballast water escaped because something was damaged, like a ship or equipment. The damage must not have been your fault, and you must have taken steps to stop or minimise the escape as soon as possible. This means you must have done everything you could to prevent the ballast water from escaping or to reduce the amount that escaped. You can use these defences if you are charged with an offence under section 246C. These defences can help you if you are accused of discharging ballast water in a way that harms the marine environment. You must be able to prove that what you did was reasonable and necessary in the circumstances.

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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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Topics:
Environment and resources > ConservationCrime and justice > Criminal law

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).