Investigations and Prosecutions under Maritime Transport Act 1994
Marie made this Official Information request to Marlborough District Council
The request was successful.
From: Marie
Dear Marlborough District Council,
Could you please provide the following:
1. Could you please advise of any investigations and prosecutions by your council under the Maritime Transport Act 1994 in the last 10 years (or timeframe that doesn’t invoke the too must work refusal clause).
2. Your internal procedures/manuals and other documents in relation to whether you investigate and prosecute or Maritime New Zealand does.
3. What is your understanding (any agreements or memorandum of understanding with Maritime New Zealand) on decisions and how those decisions are made as to whether you or Maritime NZ investigate recreational boating incidents.
4. Please provide your standard operating procedures for investigating and prosecuting under the Maritime Transport Act 1994 (or general if not specific).
5. Please provide the criteria used to determine if you investigate an recreation boating incident.
6. Please provide the code of conduct and conflict of interest policy in relation to your investigators. For example, if a victim and complainant in a recreational boat incident is a friend of one of your investigators or officers, and then they called your officer on a weekend, then went your officers house to complain about the incident and told your officer how angry they were about the other people on board, and their treatment etc…(when police and harbour master were already aware of the incident and choose not to act) would your officer then be able to recommend and lead an investigation into the accident including making recommendations to prosecute the people the officers friend was angry at? (This situation did not involve your council, or other councils, but was a situation with an officer from a govt department investigating an incident under the circumstances described). I am not trying to get an opinion, rather demonstrate the angle I am taking regards policies and documents that relate to this and would either allow or disallow that example to happen in your organisation.
Yours faithfully,
Marie
From: MDC
Marlborough District Council
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From: Tony Quirk-8077
Marlborough District Council
Marie, I refer to your email of 11 June and have responses to the 6
questions raised.
1. The Harbour Master has conducted one investigation for an offence
against the Marine Protection Rules this year. For this, information
was gathered and discussed with Maritime NZ (MNZ) and Council’s Legal
team. This incident was not taken to prosecution by MNZ. Inspection
of Council records do not disclose any other investigations under the
MTA.
The incident investigated showed a breach of the rules. For safety
matters, generally, it would be left for MNZ to investigate. Any decision
to investigate for Council would depend on the severity of the incident.
2. Council does not prosecute under the MTA. That is done by MNZ.
Council might consider infringements.
3. Council does not have an MOU with MNZ for investigations.
4. Council’s Legal team would guide any investigation.
5. Any decision to investigate for Council would be based on the
circumstances of each case.
6. Any conflicts of interest would involve consideration by Council’s
Legal team.
Tony Quirk
District Secretary
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Phone: 03 520 7400 | DDI: 03 520 7429
15 Seymour Street, PO Box 443
Blenheim 7240, New Zealand
[2][email address]
[3]www.marlborough.govt.nz
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legally privileged material and is only for the use of the intended
recipient. If you are not the intended recipient then any use,
dissemination, distribution or copying of this message is strictly
prohibited. If you have received this email in error please notify us
immediately and delete the original message. This email does not
necessarily represent the views of the Marlborough District Council. Thank
you.
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From: Marie
Dear Tony Quirk-8077,
Thank you Tony. So can you please confirm, if as you state, you do not prosecute under the MTA…. that Marlborough District Council did not prosecute 2 people from the incident in 2018 involving the Carpe Diem vessel, under the MTA for “dangerous activities involving ships” (most likely s65) as was reported. Did MNZ prosecute that case?
Yours sincerely,
Marie
From: Tony Quirk-8077
Marlborough District Council
Marie, I refer to your email of 27 June which raised a query following our
email response dated 27 June.
The response I sent was based on information I received.
The current Harbourmaster had an understanding about Council not
prosecuting under the MTA. He was not the Harbourmaster at the time of
the Carpe Diem action.
He now indicates that following further checks by him, he understands some
Councils may choose to prosecute under section 65 if the breach is deemed
serious enough. In such instances MNZ may be able to support the
investigation.
This would then lead to any decision making for prosecutions. The
Enforcement and Prosecution panel comprises of:
i. Consent and Compliance Group Manager, or the Compliance Manager or
their respective delegate.
ii. Chief Executive or Manager from another department or his/her
delegate.
iii. General Counsel or his/her delegate.
I am sorry for the short delay, but I had to revert to those who provided
me with the information in the first instance.
Our apologies for the error made.
Regards
Tony Quirk
District Secretary
[1]A black text on a white background Description automatically generated
with medium confidence
Phone: 03 520 7400 | DDI: 03 520 7429
15 Seymour Street, PO Box 443
Blenheim 7240, New Zealand
[2][email address]
[3]www.marlborough.govt.nz
--------------------------------------------------------------------------
This email, including any attachments, is confidential and may contain
legally privileged material and is only for the use of the intended
recipient. If you are not the intended recipient then any use,
dissemination, distribution or copying of this message is strictly
prohibited. If you have received this email in error please notify us
immediately and delete the original message. This email does not
necessarily represent the views of the Marlborough District Council. Thank
you.
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From: Marie
Dear Tony Quirk-8077,
Thanks Tony, no problems at all, I appreciate your follow-up.
Yours sincerely,
Marie
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