New Zealand Acts

MARITIME TRANSPORT ACT 1994 - SECT 459

459 Recovery of fines, etc, by distress

1 Where any court—

a) adjudges any person convicted of an offence against this Act to pay any fine or other money; or

b) adjudges any person to pay wages owing to any seafarer or master; or

c) makes any order for payment of costs or expenses of or incidental to any such proceeding,—

and the person adjudged or ordered to pay the same is the owner or master of a ship, and the same are not paid within the time and in the manner limited by the conviction or specified in the order of the court, or, if in the case of a proceeding or the recovery of wages no time for payment is specified, within 7 days after judgment is given or the order made, the court may exercise the powers specified in subsection (2).

2 In any such case the court may,—

a) in addition to any other power it may have to compel payment, direct the amount remaining unpaid to be levied by distress or by the sale of the ship and the ship’s equipment; and

b) if, at any time thereafter while that fine or those wages or other money remain unpaid, that ship is found within the internal waters or the territorial sea of New Zealand, issue an order for the detention of the ship.

3 An order for the detention of a ship under this section shall be directed to the Director, the chief executive of the New Zealand Customs Service, or other officer named in the order, requiring him or her to detain the ship until the judgment or order of the court has been satisfied.

Note: 1952 No 49 s 489

History: Section 459(3): amended, on 1 October 1996, by section 289(1) of the Customs and Excise Act 1996 (1996 No 27).