New Zealand Legislation: Acts

33 Costs of detention

• (1) If a ship is detained under section 31(1)(c),—

  • (a) the company is liable to pay to the Designated Authority the costs of, and incidental to, the detention and any inspection and audit under this Act, including any costs that the port facility operator has met as the result of the detention; and

  • (b) those costs are, without prejudice to any other remedy, recoverable as a debt due to the Designated Authority in a court of competent jurisdiction.

  (2) The Designated Authority is liable to pay to the company compensation for any loss resulting from unduly detaining or unduly delaying the ship.

  (3) The complainant is liable to indemnify the Designated Authority for all costs for which the Designated Authority is liable under subsection (2), if—

  • (a) a ship is detained under section 31(1)(c) on the information of the complainant; and

  • (b) the information is subsequently found to be false; and

  • (c) the complainant knew that the information was false at the time he or she provided it.

  (4) Despite subsection (3), the complainant is not liable to indemnify the Designated Authority for any costs arising from the detention of a ship incurred on or after a date 2 days after the Designated Authority determines that the information provided by the complainant was false.

  Compare: 1994 No 104 s 56