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Maritime Transport Act 1994

Liability where 2 or more ships involved

97: Limitation of actions

You could also call this:

"Time limit to take action against a ship or its owners"

Illustration for Maritime Transport Act 1994

If you want to take action against a ship or its owners, you must do it within a certain time. You have two years to take action if the ship caused damage or loss to another ship or its cargo. You have one year to take action if you want to recover money you overpaid for damages under section 96. If you could not arrest the ship within the time limit, the court can give you more time. The court can extend the time limit if you ask them to. This rule does not apply to ships used by the New Zealand Defence Force. The court can also extend the time limit in other cases. This section does not affect section 110, the Injury Prevention, Rehabilitation, and Compensation Act 2001, or certain parts of the Maritime Transport Act. It also does not affect 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).