Plain language law

New Zealand law explained for everyone

Maritime Transport Act 1994

Liability where 2 or more ships involved

97: Limitation of actions

You could also call this:

"Time limit to take someone to court over ship damage or accidents"

If you want to take someone to court because their ship damaged yours, you must do it within two years of the damage happening. This also applies if someone on another ship got hurt because of the other ship's fault. You have to start the court case within two years.

If you paid too much money to someone because their ship was involved in an accident with yours, you can ask for some of that money back. You must start the court case to get that money back within one year of paying it. This is related to what is said in section 96.

Sometimes the court can give you more time to start the court case if you did not have a chance to stop the other ship in a New Zealand port or in New Zealand waters. The court can also give you more time if you did not have a chance to stop the ship in the country where your ship is from or where you live.

This law does not apply to ships used by the New Zealand Defence Force. It also does not apply to some ships owned by the government. This law does not change what is said in section 110, the Injury Prevention, Rehabilitation, and Compensation Act 2001, or some parts of the Maritime Transport Act. It also does not change what is said in subpart 1 of Part 5 of the Contract and Commercial Law 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=DLM336226.

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Part 8Liability where 2 or more ships involved

97Limitation of actions

  1. Subject to subsections (3) and (4), no action may be brought to enforce any claim or lien against a ship (the defendant ship) or the owners of the ship, if the action concerns—

  2. any damage or loss to another ship, or to cargo or freight of another ship, or to any other property on board another ship, that was caused wholly or partly by the fault of the defendant ship; or
    1. damages for loss of life or personal injuries suffered by any person on board another ship, that were caused wholly or partly by the fault of the defendant ship,—
        1. unless proceedings are commenced within 2 years after the date when the damage or loss or injury was caused.

      1. Subject to subsections (3) and (4), no action shall be maintainable under section 96 to recover any contribution in respect of an overpaid proportion of any damages for loss of life or personal injuries unless proceedings are commenced within 1 year after the date of payment.

      2. If, in any case to which subsection (1) or subsection (2) applies, the High Court is satisfied that there has not been a reasonable opportunity to arrest the defendant ship—

      3. at any port in New Zealand; or
        1. within New Zealand waters; or
          1. locally within the jurisdiction of the country to which the plaintiff’s ship belongs or in which the plaintiff resides or has his or her principal place of business,—
              1. within the period specified by subsection (1) or (as the case may require) subsection (2), the court shall, on the application of the plaintiff, extend that period to an extent sufficient to give such a reasonable opportunity.

            1. Without limiting subsection (3), in any case to which subsection (1) or subsection (2) applies, the High Court may, in accordance with rules of court, extend the period referred to in the appropriate one of those subsections to such extent and on such conditions as it thinks fit.

            2. This section shall not apply to proceedings in respect of any alleged fault of a ship used by or set aside for the New Zealand Defence Force.

            3. Subsection (3) shall not apply to any ships of the Crown.

            4. This section shall not limit or affect section 110, or anything in the Injury Prevention, Rehabilitation, and Compensation Act 2001 or 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 471A
            • 1987 No 184 s 23
            Notes
            • Section 97(1): substituted, on , by section 11(1) of the Maritime Transport Amendment Act 1999 (1999 No 68).
            • Section 97(7): amended, on , by section 347 of the Contract and Commercial Law Act 2017 (2017 No 5).
            • Section 97(7): amended, on , by section 31 of the Maritime Transport Amendment Act 2013 (2013 No 84).
            • Section 97(7): amended, on , by section 337(1) of the Injury Prevention, Rehabilitation, and Compensation Act 2001 (2001 No 49).
            • Section 97(7): amended, on , by section 11(2) of the Maritime Transport Amendment Act 1999 (1999 No 68).