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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 a ship's size when it's not known"

Illustration for Maritime Transport Act 1994

When a ship's gross tonnage is unknown, you need to figure out its size. The Director will look at the ship's dimensions and estimate its gross tonnage. The Director will give a certificate with the estimated tonnage. If a court is hearing a case about a ship's tonnage, the Director will use evidence from the court to estimate the tonnage. The estimated tonnage will be used as the ship's gross tonnage. This is for the purposes of Articles 6 and 7 of the LLMC Convention (as amended by the LLMC Protocol). You can find more information about the changes to this law in the Maritime Transport Amendment Act 2013, which you can read about on the New Zealand legislation website, and the Maritime Transport Amendment Act 2017.

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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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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 Repealed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 Repealed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 Repealed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 Repealed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            • Section 87(1): repealed, on , by section 27(1) of the Maritime Transport Amendment Act 2013 (2013 No 84).
            • Section 87(2): repealed, on , by section 27(1) of the Maritime Transport Amendment Act 2013 (2013 No 84).
            • Section 87(3): repealed, on , by section 27(1) of the Maritime Transport Amendment Act 2013 (2013 No 84).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).