New Zealand Acts

MARITIME TRANSPORT ACT 1994 - SECT 338

338 Ships not entitled to certificate of clearance until levies paid

1 A receipt shall, if requested, be given to any person paying any oil pollution levy.

2 Where any levy is payable in respect of a contributing ship, the ship is not entitled to a certificate of clearance under section 37 of the Customs and Excise Act 2018 until payment is made or evidence of earlier payment of the levy is produced to the chief executive of the New Zealand Customs Service.

3 If the chief executive of the New Zealand Customs Service refuses to issue a certificate of clearance where evidence of payment of any levy payable in respect of the ship concerned is not produced, he or she must, upon request, provide reasons in writing for the decision.

4 Any person in respect of whom any decision is taken under this section may appeal against that decision to the District Court under section 424 .

Note: 1974 No 14 s 29E ; 1977 No 130 s 3

History: Section 338(2): substituted, on 15 November 2000, by section 3 of the Maritime Transport Amendment Act 2000 (2000 No 71).   Section 338(2): amended, on 1 October 2018, by section 443(3) of the Customs and Excise Act 2018 (2018 No 4).     Section 338(3): substituted, on 15 November 2000, by section 3 of the Maritime Transport Amendment Act 2000 (2000 No 71).     Section 338(4): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).