Resource Management Act 1991

339A Protection against imprisonment for dumping and discharge offences involving foreign ships

(1)

No person shall be imprisoned for any offence of contravening or permitting a contravention of section 15A or section 15B involving a foreign ship unless the court is satisfied that—

(a)

either—

(i)

the person intended to commit the offence; or

(ii)

the offence occurred as a consequence of any reckless act or omission by that person with the knowledge that that act or omission would or would be likely to cause a significant or irreversible adverse effect on the coastal marine area; and

(b)

the commission of the offence has had or is likely to have a significant or irreversible adverse effect on the coastal marine area.

(2)

In this section, foreign ship has the same meaning as in section 2(1) of the Maritime Transport Act 1994.

Section 339A: inserted, on 20 August 1998, by section 21 of the Resource Management Amendment Act 1994 (1994 No 105).