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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:

"Help with oil spill, get paid if your stuff is lost or damaged"

Illustration for Maritime Transport Act 1994

You can get compensation if your personal property is lost or damaged when you are helping with a marine oil spill response. You will get compensation from the New Zealand Oil Pollution Fund for the value of the lost property or the reduction in value of the damaged property. The compensation you get will depend on what has happened to your property. If the New Zealand Oil Pollution Fund does not have enough money to pay you, the Crown might pay the rest of the compensation. The Crown and the Authority can get back the compensation they paid you if they can recover damages for pollution under section 345 or section 385C. You will not get compensation if you have insurance that covers the loss or damage, or if you can get damages or other payments from somewhere else. You also will not get compensation if you have already got money for the loss or damage, or if you might get money for it in the future.

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

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Environment and resources > ConservationMoney and consumer rights > Consumer protection

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

308Compensation for loss or damage to personal property

  1. 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—

  2. the value of any personal property that has been so lost; or
    1. the reduction in value of any property that has been so damaged.

      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 amount of 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 damages for pollution damage under section 345 or section 385C, as the case may be, any compensation paid under this section.

      3. 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.

      4. 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 , by section 53 of the Maritime Transport Amendment Act 2013 (2013 No 84).