New Zealand Acts

MARITIME TRANSPORT ACT 1994 - SECT 224

224 Application of certain provisions of Parts 19 to 28

1 Notwithstanding anything in any other enactment, criminal proceedings shall not be commenced against a natural person in respect of a contravention of any provision of any of Parts 19 to 28 that is alleged to have occurred beyond the territorial sea of New Zealand unless they are commenced against—

a) a New Zealand citizen; or

b) a person who is ordinarily resident in New Zealand; or

c) any other person with the consent of the Attorney-General on his or her certificate that it is expedient that they be commenced.

2 Notwithstanding subsection (1), a person may be arrested, or a warrant for a person’s arrest may be issued and executed, and the person may be remanded in custody or on bail, but no further proceedings may be taken against a person who is neither a New Zealand citizen nor ordinarily resident in New Zealand, until the Attorney-General’s consent under subsection (1) has been obtained.

3 If any person alleges that he or she is not a New Zealand citizen, nor ordinarily resident in New Zealand, the onus of proof shall be on that person to prove that allegation.