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Maritime Transport Act 1994

Plans and responses to protect marine environment from marine oil spills - Marine oil spill responses

307: Compensation payable where property requisitioned

You could also call this:

"Getting paid back if your property is used or damaged during an oil spill"

Illustration for Maritime Transport Act 1994

You can get compensation if your property is taken over during a marine oil spill response. You can recover reasonable compensation for the use of your property and any loss or damage to it. The New Zealand Oil Pollution Fund pays this compensation. If the Fund does not have enough money, the Crown may pay the compensation. The Crown and the Authority can get back the compensation they paid under sections like section 305, section 345, or section 385C. You can get compensation for your property's use and any damage to it while it was under someone else's control.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM337691.

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Part 23Plans and responses to protect marine environment from marine oil spills
Marine oil spill responses

307Compensation payable where property requisitioned

  1. Where any requisitioned property has come under the control of any person acting under section 305, any person having an interest in the requisitioned property may recover from the New Zealand Oil Pollution Fund reasonable compensation for—

  2. the use of that requisitioned property while under that control; and
    1. any loss of or damage or injury to that requisitioned property suffered or incurred while under that control.

      1. Where the New Zealand Oil Pollution Fund does not have sufficient resources to pay the whole or any part of any compensation payable under subsection (1), the Crown may, but is not obliged to, pay the compensation that the Fund is unable to pay.

      2. The Crown, and the Authority on behalf of the New Zealand Oil Pollution Fund, may recover as pollution damages under section 345 or section 385C any compensation paid under this section.

      Compare
      • 1983 No 46 s 65
      Notes
      • Section 307(3): amended, on , by section 52 of the Maritime Transport Amendment Act 2013 (2013 No 84).