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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 to help with an oil spill"

If someone's property is taken over to help with a marine oil spill response, you can get compensation for the use of that property. You can also get compensation for any loss or damage to the property while it is being used. The New Zealand Oil Pollution Fund pays this compensation.

If the Fund does not have enough money to pay the compensation, the Crown might pay it instead. The Crown is not required to pay the compensation, but it can if it wants to. You can get compensation for the property's use and any damage it suffered while being used to respond to the oil spill.

The Crown and the Authority can get back the compensation they paid by claiming it as pollution damages under section 345 or section 385C. This means they can try to recover the money they paid for the property's use and damage from the people responsible for the oil spill.

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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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306: Matters to be complied with in requisitioning, or

"Rules for taking control of property to help with a marine oil spill"

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308: Compensation for loss or damage to personal property, or

"Helping with an oil spill: getting paid back for lost or damaged things"

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).