331Application of money in New Zealand Oil Pollution Fund

1. Subject to the provisions of this Act, the Authority shall apply the New Zealand Oil Pollution Fund only for the following purposes:

2. to meet the costs of the Oil Pollution Advisory Committee:
3. to purchase plant, equipment, or any other thing to make preparations for, or to implement, or assist in implementing, any responses to marine oil spills:
4. to meet the reasonable costs of the Authority (including the costs incurred by the Director and the National On-Scene Commander) in controlling, dispersing, and cleaning up any marine oil spill:
5. to meet the costs of services associated with planning and responses for marine oil spills that are services provided under a contract or arrangement with the Authority or the Director:
6. to meet the costs of the Authority in—
   1. the performance of the other functions and duties and the exercise of other powers of the Authority, the Director, and the National On-Scene Commander under Part 23; and
   2. taking measures to avoid marine oil spills:
7. to meet the reasonable costs of a regional council (including the costs of its regional on-scene commander) in investigating a suspected marine oil spill and in controlling, dispersing, and cleaning up any marine oil spill:
8. to meet the reasonable costs of any regional council in—
   1. the performance of the other functions and duties and the exercise of the powers of the regional council and its regional on-scene commander under Part 23; and
   2. taking steps to avoid marine oil spills:
9. to meet the reasonable costs incurred by any person, in assisting any animal or plant life affected by any marine oil spill, with the consent or in accordance with the requirements of an on-scene commander:
10. to meet any other expenditure for which this Act contemplates that reimbursement may be made from the Fund:
11. such other expenditure, or classes of expenditure, related to marine oil spills, as may from time to time be approved by the Governor-General by Order in Council.

12. The following provisions apply to payments made under either or both of paragraphs (c) and (e) of subsection (1), and to payments made under paragraph (g) of that subsection for the purpose of assisting any wildlife:

13. the payments may be made if, and to the extent that, the costs for which the payments may be made have not been recovered from the person who caused the oil spill:
14. the recipient must make all reasonable efforts to recover those costs from that person:
15. payments may be made on an interim or periodic basis; and each time it recovers money from the person who caused the oil spill, the recipient must pay the Fund a proportionate amount.

16. An order under subsection (1)(i) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).