New Zealand Acts

MARITIME TRANSPORT ACT 1994 - SECT 267

267 Sentence of imprisonment

1 Subject to subsection (2), the court may sentence a person who commits an offence against section 263 to imprisonment for a term not exceeding 2 years instead of imposing a fine under section 266 .

2 The court shall not sentence to imprisonment any person who commits an offence against section 263 unless the court is satisfied,—

a) where the person is the master or owner of a foreign ship,—

i) that the offence was committed within the territorial sea; and

ii) that the person intended to commit the offence, or the offence occurred as a consequence of any reckless act or omission by the person with the knowledge that that act or omission would or would be likely to cause serious damage to the marine environment within the territorial sea; and

iii) that the commission of the offence has caused or is likely to cause serious damage to the marine environment within the territorial sea:

b) in any other case, that the commission of the offence has caused or is likely to cause serious damage to the marine environment.

Note: United Nations Convention on the Law of the Sea art 230

History: Section 267(2): substituted, on 1 August 1996, by section 3 of the Maritime Transport Amendment Act 1996 (1996 No 79).   Section 267 compare note: added, on 1 August 1996, by section 3 of the Maritime Transport Amendment Act 1996 (1996 No 79).