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Maritime Transport Act 1994

Limitation of liability for maritime claims

88: Units of account

You could also call this:

"Working out the value of New Zealand money for maritime claims"

When you are working out how much money is owed for a maritime claim, you need to know the value of the New Zealand currency. The Secretary to the Treasury can give a certificate that says what the value of the New Zealand currency is for a particular date. This certificate can be used as evidence in court to show the value of the currency for the purposes of the LLMC Convention (as amended by the LLMC Protocol).

If the Secretary to the Treasury says that no value has been fixed for a particular date, they can give a certificate for the date most recently preceding that date instead. You can use this certificate in court as evidence of the value of the New Zealand currency. The court will accept this certificate as proof of the value unless someone can prove otherwise.

The LLMC Convention (as amended by the LLMC Protocol) is an international agreement that New Zealand has signed up to, and it helps to decide how much money is owed for maritime claims. You can find more information about the amendments to this section of the Maritime Transport Act 1994 by looking at the Maritime Transport Amendment Act 2013 and the Maritime Transport Amendment Act 2017. These amendments were made on 23 October 2013 and 15 June 2018.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM336210.

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87A: Governor-General may notify amended limits, or

"The Governor-General can update the rules about how much money people can claim if something goes wrong at sea."

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89: Court may consolidate claims, or

"The court can join multiple claims together into one case."

Part 7Limitation of liability for maritime claims

88Units of account

  1. Repealed

  2. For the purposes of paragraph 1 of Article 8 of the LLMC Convention (as amended by the LLMC Protocol), a certificate given by or on behalf of the Secretary to the Treasury stating—

  3. that a particular sum in New Zealand currency has been fixed as the equivalent of 1 special drawing right for a particular date; or
    1. that no sum has been fixed for that date, and that a particular sum has been so fixed for the date most recently preceding a particular date,—
        1. shall, in any proceedings, be received in evidence and, in the absence of proof to the contrary, be sufficient evidence of the value of the New Zealand currency for the purposes of paragraph 1 of Article 8 of the LLMC Convention (as amended by the LLMC Protocol).

      Compare
      • 1952 No 49 s 463
      • 1987 No 184 s 22(1)
      Notes
      • Section 88(1): repealed, on , by section 29(1) of the Maritime Transport Amendment Act 2013 (2013 No 84).
      • Section 88(2): amended, on , by section 9 of the Maritime Transport Amendment Act 2017 (2017 No 48).
      • Section 88(2): amended, on , by section 29(2) of the Maritime Transport Amendment Act 2013 (2013 No 84).