Maritime Transport Act 1994

Liability where 2 or more ships involved

96: Right of contribution

You could also call this:

"Getting back the money you paid for someone else's share of damages after a ship accident"

Illustration for Maritime Transport Act 1994

You are involved in a ship accident with another ship. If someone on your ship is hurt or killed, you might have to pay damages. If you pay more than your share of the damages, you can ask the other ship's owners to pay you back for their share. You can only ask for the amount that the other ship's owners should have paid. You cannot ask for money that the other ship's owners would not have had to pay because of a law or contract that limits their responsibility. This means you can only ask for the amount that the other ship's owners would have had to pay if they were sued directly. You have the same rights as the person who was hurt or killed to get this money back from the other ship's owners.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM336225.

This page was last updated on View changes



Part 8Liability where 2 or more ships involved

96Right of contribution

  1. Subject to subsection (2), where, by the fault of 2 or more ships, any person on board one of the ships is killed or injured, and a proportion of the damages is recovered against the owners of one of the ships that exceeds the proportion in which that ship was at fault, those owners may recover the amount of the excess by way of contribution from the owners of the other ship or ships to the extent to which those ships were respectively at fault.

  2. No amount shall be recovered under subsection (1) that could not, by reason of any statutory or contractual limitation of or exemption from liability, or for any other reasons, have been recovered in the first instance as damages by the persons entitled to sue for damages.

  3. In addition to any other remedy provided by law, the persons entitled to any contribution under this section shall, for the purpose of recovering the contribution, have, subject to the provisions of this Act, the same rights and powers as the persons entitled to sue for damages in the first instance.

Compare
  • 1952 No 49 s 471
  • 1987 No 184 s 23