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Maritime Transport Act 1994

Financing plans and responses to protect the marine environment from marine oil spills - New Zealand Oil Pollution Fund

331: Application of money in New Zealand Oil Pollution Fund

You could also call this:

"What the New Zealand Oil Pollution Fund is used for"

Illustration for Maritime Transport Act 1994

The New Zealand Oil Pollution Fund is used for certain things. You will use this fund to pay for the Oil Pollution Advisory Committee. You will use it to buy equipment to help with oil spills. You will use it to pay for cleaning up oil spills. You will use the fund to pay for services that help with oil spills. It also pays for the Authority to do its job and to try to stop oil spills. The fund pays for regional councils to investigate and clean up oil spills. It pays for people to help animals affected by oil spills. The fund can be used for other things related to oil spills. If you get money from the fund to clean up an oil spill, you must try to get that money back from the person who caused the spill. You can get the money from the fund before you get it back from the person who caused the spill. When you get the money back, you must pay it back to the fund. An order about what the fund can be used for is secondary legislation, which has its own rules, as explained in Part 3 of the Legislation Act 2019.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM337846.

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Part 24Financing plans and responses to protect the marine environment from marine oil spills
New Zealand Oil Pollution Fund

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:
    1. 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:
      1. 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:
        1. 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:
          1. 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
              1. taking measures to avoid marine oil spills:
              2. 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:
                1. 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
                    1. taking steps to avoid marine oil spills:
                    2. 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:
                      1. to meet any other expenditure for which this Act contemplates that reimbursement may be made from the Fund:
                        1. 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.

                          1. 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:

                          2. 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:
                            1. the recipient must make all reasonable efforts to recover those costs from that person:
                              1. 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.

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

                                Notes
                                • Section 331(1)(c): substituted, on , by section 33(1) of the Maritime Transport Amendment Act 1999 (1999 No 68).
                                • Section 331(1)(ca): inserted, on , by section 33(1) of the Maritime Transport Amendment Act 1999 (1999 No 68).
                                • Section 331(1)(e): substituted, on , by section 33(2) of the Maritime Transport Amendment Act 1999 (1999 No 68).
                                • Section 331(2): added, on , by section 33(3) of the Maritime Transport Amendment Act 1999 (1999 No 68).
                                • Section 331(3): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).