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Natural Environment Bill

Enforcement and other matters - Miscellaneous - Service of documents

325: Mode of service of summons on master or owner of ship

You could also call this:

"How a ship's owner or master gets a summons for breaking the law"

Illustration for Natural Environment Bill

If you are the master or owner of a ship and you have done something wrong against the law, you will get a summons. This is a document that tells you what you have done wrong and what will happen next. You will get this document if someone delivers it to the person who looks after your ship, or if they send it to that person by registered letter. If the person looking after your ship does not want to take the document, it is still considered delivered if they know about it. The document can also be sent by registered letter to the person's home or work address. There are rules about how documents like this should be delivered, but a judge or other important person can decide to do it differently if they think it is a good idea. They can say that the document should be delivered in a different way, as long as it is not too hard to do. You are considered to have got the document when it is delivered to the person looking after your ship, or when the letter would have arrived in the mail. There are special words used in this law, like District Court Judge, Justice, and Registrar, which have specific meanings. A District Court Judge is someone who has been appointed to make decisions in court. A Justice is someone who has a special role in the law, and a Registrar is someone who helps run the court. You can find out more about what these words mean by looking at other laws, such as the Criminal Procedure Act 2011, the District Court Act 2016, or the Justice of the Peace Act 1957.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1539831.

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Part 6Enforcement and other matters
Miscellaneous: Service of documents

325Mode of service of summons on master or owner of ship

  1. If the master or owner of a ship is a defendant in a prosecution for an offence against section 278 for contravening sections 21, 22, or 23, service on the defendant of a summons or other document is effected for the purposes of the Criminal Procedure Act 2011—

  2. if it is delivered personally to the agent of the ship on behalf of the defendant or is brought to the notice of the agent if the agent refuses to accept it on behalf of the defendant; or
    1. if it is sent to the agent of the ship by registered letter addressed to that agent on behalf of the defendant at the agent's last known or usual place of residence or the agent's place of business.

      1. Subsection (1) applies despite any other enactment.

      2. However, a District Court Judge or Justice or Community Magistrate or the Registrar may direct that the summons or other document be served on the defendant in accordance with rules made under the Criminal Procedure Act 2011, if they are satisfied that it would not be impracticable to do so in the particular circumstances.

      3. Unless the contrary is shown, the time at which service is treated as having been effected on the defendant is,—

      4. where service is effected in accordance with subsection (1)(a), the time when the summons or other document is personally delivered to the agent of the ship or brought to that agent's attention, as the case may be; or
        1. where service is effected in accordance with subsection (1)(b), the time when the letter would have been delivered to the agent of the ship in the ordinary course of post.

          1. In this section,—

            District Court Judge means a District Court Judge appointed under the District Court Act 2016

              Justice has the meaning given in section 2 of the Justice of the Peace Act 1957

                Registrar has the meaning given in section 5 of the Criminal Procedure Act 2011.