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 protected from being sued if you help with a marine oil spill and act in good faith."

If you are involved in responding to a marine oil spill, you are protected from being sued for damages. This means you cannot be taken to court to pay for any loss or damage to property that happens because of your actions during the response, as long as you are acting in good faith. You are acting in good faith if you are trying to do the right thing and follow the rules.

When you are responding to a marine oil spill, you have certain functions, duties, or powers that you must follow. If you take or do not take any action as part of these responsibilities, and this causes loss or damage to property, you are still protected from being sued.

This protection also applies to the Crown, organisations, and people who work for them, as well as regional councils and their members, and on-scene commanders. A specific law, section 121 of the Crown Entities Act 2004, does not change this protection.

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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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326: Proof of identity, or

"You must show who you are and why you have special powers if someone asks."


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328: Contracts, or

"Agreements made by councils to respond to marine oil spills"

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

327Protection from liability

  1. 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.

  2. 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 , by section 200 of the Crown Entities Act 2004 (2004 No 115).