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Maritime Transport Act 1994

Limitation of liability for maritime claims

87: Calculation of limits of liability

You could also call this:

"How to work out the maximum amount of money that must be paid for maritime accidents"

When working out limits of liability for maritime claims, you need to consider the LLMC Convention as amended by the LLMC Protocol. If you cannot find out the gross tonnage of a ship, the Director will estimate it. The Director will look at the ship's dimensions and give a certificate with the estimated tonnage.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM336209.

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86: Claims subject to limitation of liability, or

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

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Part 7Limitation of liability for maritime claims

87Calculation of limits of liability

  1. Repealed

  2. Repealed

  3. Repealed

  4. Repealed

  5. For the purposes of Articles 6 and 7 of the LLMC Convention (as amended by the LLMC Protocol),—

      1. where the gross tonnage of a ship is unable to be ascertained,—
        1. the Director, on receiving from or by the direction of the court hearing the case in which the tonnage of the ship is in question such evidence of the dimensions of the ship as is available, shall estimate what the gross tonnage of the ship would have been if the ship had been duly measured in accordance with the relevant tonnage measurement rules, and give a certificate of the tonnage as estimated by the Director; and
          1. the tonnage so estimated shall be taken to be the gross tonnage of the ship.

            Compare
            • 1952 No 49 s 462
            • 1987 No 184 s 22(1)
            Notes
            • Section 87(1): repealed, on , by section 27(1) of the Maritime Transport Amendment Act 2013 (2013 No 84).
            • Section 87(2): repealed, on , by section 27(1) of the Maritime Transport Amendment Act 2013 (2013 No 84).
            • Section 87(3): repealed, on , by section 27(1) of the Maritime Transport Amendment Act 2013 (2013 No 84).
            • Section 87(4): repealed, on , by section 27(1) of the Maritime Transport Amendment Act 2013 (2013 No 84).
            • Section 87(5): amended, on , by section 8 of the Maritime Transport Amendment Act 2017 (2017 No 48).
            • Section 87(5): amended, on , by section 27(2) of the Maritime Transport Amendment Act 2013 (2013 No 84).
            • Section 87(5)(a): repealed, on , by section 27(1) of the Maritime Transport Amendment Act 2013 (2013 No 84).
            • Section 87(5)(b): repealed, on , by section 27(1) of the Maritime Transport Amendment Act 2013 (2013 No 84).
            • Section 87(5)(d): repealed, on , by section 27(1) of the Maritime Transport Amendment Act 2013 (2013 No 84).