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Maritime Transport Act 1994

Limitation of liability for maritime claims

86: Claims subject to limitation of liability

You could also call this:

"Limiting how much you have to pay for maritime accidents"

When you are talking about maritime claims, you need to know about limitation of liability. The limitation of liability under the LLMC Convention applies to each distinct occasion. It applies whether the liability arises at common law or under any other enactment.

You should also know that this Part and some articles of the LLMC Convention do not limit or affect some sections of the Maritime Transport Act, such as section 33J, section 33K, or section 110. They also do not limit or affect the Accident Compensation Act 2001, some parts of the Maritime Transport Act, or subpart 1 of Part 5 of the Contract and Commercial Law Act 2017. This means these laws still apply even when talking about limitation of liability for maritime claims.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM336205.

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85: Persons entitled to limitation of liability under this Part, or

"Who can limit how much they have to pay if something goes wrong at sea?"

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87: Calculation of limits of liability, or

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Part 7Limitation of liability for maritime claims

86Claims subject to limitation of liability

  1. Repealed

  2. Repealed

  3. The limitation of liability under the LLMC Convention (as amended by the LLMC Protocol)—

      1. applies in respect of each distinct occasion, without regard to any liability arising on any other distinct occasion; and
        1. applies, subject to subsection (4), whether the liability arises at common law or under any other enactment, and notwithstanding anything in any other enactment.

          1. This Part and Articles 2, 3, and 9 of the LLMC Convention do not limit or affect—

          2. section 33J, 33K, or 110 of this Act; or
            1. anything in the Accident Compensation Act 2001, Parts 18 to 26A of this Act, or subpart 1 of Part 5 of the Contract and Commercial Law Act 2017.

              Compare
              • 1952 No 49 s 461
              • 1987 No 184 s 22(1)
              Notes
              • Section 86(1): repealed, on , by section 26(1) of the Maritime Transport Amendment Act 2013 (2013 No 84).
              • Section 86(2): repealed, on , by section 26(1) of the Maritime Transport Amendment Act 2013 (2013 No 84).
              • Section 86(3): amended, on , by section 7 of the Maritime Transport Amendment Act 2017 (2017 No 48).
              • Section 86(3): amended, on , by section 26(2) of the Maritime Transport Amendment Act 2013 (2013 No 84).
              • Section 86(3)(a): repealed, on , by section 26(3) of the Maritime Transport Amendment Act 2013 (2013 No 84).
              • Section 86(3)(b): repealed, on , by section 26(3) of the Maritime Transport Amendment Act 2013 (2013 No 84).
              • Section 86(4): replaced, on , by section 26(4) of the Maritime Transport Amendment Act 2013 (2013 No 84).
              • Section 86(4)(b): amended, on , by section 347 of the Contract and Commercial Law Act 2017 (2017 No 5).