Maritime Transport Act 1994

Plans and responses to protect marine environment from marine oil spills - Miscellaneous provisions relating to responses to marine oil spills

327: Protection from liability

You could also call this:

"You're safe from being sued if you act in good faith during a marine oil spill response."

Illustration for Maritime Transport Act 1994

You are protected when you act in good faith to respond to a marine oil spill. If you take or do not take action as part of your job, you cannot be sued for damages. This protection applies to the Crown, organisations, and people who work for them, as well as regional council members and on-scene commanders, as stated in sections 307 and 308. You are also protected under section 121 of the Crown Entities Act 2004. This means you will not be held liable for any loss or damage to property caused by your actions or lack of actions when responding to a marine 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=DLM337816.

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Part 23Plans and responses to protect marine environment from marine oil spills
Miscellaneous provisions relating to responses to marine oil spills

327Protection from liability

Except as provided in sections 307 and 308, no action or proceeding shall be brought against the Crown, or any organisation, the Authority, any regional council, or any officer or employee of any of them, or any member of a regional council, any on-scene commander, or against any other person, to recover damages for any loss of or damage to property that is due directly or indirectly to a marine oil spill response having been taken, where the loss or damage is caused by any person acting in good faith who takes or fails to take any action in the exercise or performance of his or her functions, duties, or powers under this Part.
Section 121 of the Crown Entities Act 2004 does not limit this section.

Compare

1983 No 46 s 66

Notes

Section 327(2): added, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).