Section 352A — Resource Management Act 1991: Mode of service of summons on master or owner of ship

352A Mode of service of summons on master or owner of ship (1) If the master or owner of a ship is a defendant in a prosecution for an offence against section 338 for contravening sections 15A , 15B , or 15C , service on the defendant of a summons or other document is effected for the purposes of the Summary Proceedings Act 1957 — (a) if it is delivered personally to the agent of the ship on behalf of the defendant or is brought to the notice of the agent if the agent refuses to accept it on behalf of the defendant; or (b) if it is sent to the agent of the ship by registered letter addressed to that agent on behalf of the defendant at the agent's last known or usual place of residence or the agent's place of business. (1A) Subsection (1) applies despite any other enactment. (2) However, a District Court Judge or Justice or Community Magistrate or the Registrar may direct that the summons or other document shall be served on the defendant in accordance with section 24 of the Summary Proceedings Act 1957 , where he or she is satisfied that it would not be impracticable to do so in the particular circumstances. (3) Unless the contrary is shown, the time at which service shall be deemed to have been effected on the defendant shall be,— (a) Where service is effected in accordance with subsection (1)(a) , the time when the summons or other document is personally delivered to the agent of the ship or brought to that agent's attention, as the case may be; or (b) Where service is effected in accordance with subsection (1)(b) , the time when the letter would have been delivered to the agent of the ship in the ordinary course of post. (4) In this section,— District Court Judge means a District Court Judge appointed under the District Courts Act 1947 Justice has the same meaning as in section 2 of the Justice of the Peace Act 1957 Registrar has the same meaning as in section 2(1) of the Summary Proceedings Act 1957 . Section 352A was inserted, as from 20 August 1998, by section 25 Resource Management Amendment Act 1994 (1994 No 105). See clause 2 Resource Management Amendment Act 1994 Commencement Order 1998 (SR 1998/209). Subsection (1) was substituted, as from 10 August 2005, by section 122(1) Resource Management Amendment Act 2005 (2005 No 87). See sections 131 to 135 of that Act as to the transitional provisions. Subsection (1A) was inserted, as from 10 August 2005, by section 122(1) Resource Management Amendment Act 2005 (2005 No 87). See sections 131 to 135 of that Act as to the transitional provisions. Section 7 District Courts Amendment Act 1998 (1998 No 76) proposed to amend subsection (2), as from 30 June 1998, by inserting the words “ or Community Magistrate ” . Subsection (2) was amended, as from 10 August 2005, by section 122(2) Resource Management Amendment Act 2005 (2005 No 87) by inserting the word “ However, ” before the words “ A District Court ” . See sections 131 to 135 of that Act as to the transitional provisions. Subsection (4) was substituted, as from 10 August 2005, by section 122(3) Resource Management Amendment Act 2005 (2005 No 87). See sections 131 to 135 of that Act as to the transitional provisions.