Maritime Transport Act 1994

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

308: Compensation for loss or damage to personal property

You could also call this:

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

If you help with a marine oil spill response and your personal property gets lost or damaged, you can get compensation from the New Zealand Oil Pollution Fund. You will get compensation equal to the value of the lost property or the reduction in value of the damaged property. The compensation is to help you because you lost or damaged something while helping with the oil spill response.

If the New Zealand Oil Pollution Fund does not have enough money to pay the whole compensation, the Crown may pay the rest. The Crown and the Authority can get back the compensation they paid as damages for pollution under section 345 or section 385C.

You cannot get compensation if you are already insured for the loss or damage, or if you have already gotten or will get damages or compensation from somewhere else for the same loss or damage. This means you cannot get paid twice for the same thing.

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This page was last updated on 25 May 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM337692.

307: Compensation payable where property requisitioned, or

"Getting paid back if your property is used to help with an oil spill"

309: Absence from duty not to affect employment rights, or

"You can't be fired for following certain rules, even if you're not at work."

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

308Compensation for loss or damage to personal property

Every person who carries out a marine oil spill response and who suffers loss of or damage to his or her personal property in the course of carrying out that marine oil spill response shall be entitled to receive from the New Zealand Oil Pollution Fund compensation equal to—
the value of any personal property that has been so lost; or
the reduction in value of any property that has been so damaged.

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 amount of compensation that the Fund is unable to pay.
The Crown, and the Authority on behalf of the New Zealand Oil Pollution Fund, may recover as damages for pollution damage under section 345 or section 385C, as the case may be, any compensation paid under this section.
Subsection (1) shall not apply in respect of any loss or damage to property to the extent to which a person is indemnified for that loss or damage by a contract of insurance.
To the extent to which, in respect of any loss or damage to personal property, any person has recovered or, having regard to the circumstances of the case, may reasonably be expected to recover any damages, compensation, or ex gratia payment, he or she shall not be entitled to receive any compensation under subsection (1).

Compare

1983 No 46 s 75(1), (4), (5)

Notes

Section 308(3): amended, on 23 October 2013, by section 53 of the Maritime Transport Amendment Act 2013 (2013 No 84).