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Maritime Transport Act 1994

Civil liability for pollution of marine environment - Liability for pollution from ships

344: Liability to the Crown and marine agencies for costs of cleaning up pollution

You could also call this:

"Paying for cleaning up ship pollution: you must pay to clean up mess from your ship"

If you own a ship, you must pay the Crown or a marine agency for the cost of cleaning up pollution from your ship. This includes the cost of goods and services tax, if any, for dealing with harmful substances or waste that are discharged or dumped from your ship into New Zealand's internal or marine waters. You must pay for the cost of removing, containing, and rendering harmless the harmful substance or waste.

If a harmful substance from your ship poses a threat to New Zealand's waters, you must also pay for the cost of preventing or minimising its discharge. The amount you pay will be a debt to the Crown or the marine agency, but you will only pay if you have not already paid for the costs.

You do not have to pay if the pollution is from oil discharged from a CLC ship, as stated in section 348 and Part 7 of the Maritime Transport Act.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM338108.

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343: Ownership of CLC Ship, or

"Who is in charge of a ship that spills oil into the sea"

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345: Liability of shipowners for pollution damage, or

"Ship owners must pay for pollution damage caused by their ships in New Zealand waters."

Part 25Civil liability for pollution of marine environment
Liability for pollution from ships

344Liability to the Crown and marine agencies for costs of cleaning up pollution

  1. Subject to subsection (2), section 348, and Part 7, the owner of a ship must pay to the Crown (or marine agency) the cost, including goods and services tax (if any), reasonably incurred by or on behalf of the Crown (or marine agency) in dealing with—

  2. a harmful substance that is discharged or escapes, or any waste or other matter that is dumped, from that ship into the internal waters of New Zealand or into New Zealand marine waters or on to the beds below those internal or marine waters; or
    1. a harmful substance, if that harmful substance poses a grave and imminent threat of being discharged or escaping from that ship into the internal waters of New Zealand or into New Zealand marine waters or on to the beds below those internal or marine waters.

      1. Nothing in this section shall apply to the discharge or escape of oil from a CLC ship.

      2. The amounts payable under subsection (1) shall—

      3. be payable as a debt due to the Crown or the marine agency, as the case may be; and
        1. be payable only to the extent that those amounts have not been otherwise paid by the owner of the ship.

          1. For the purposes of subsection (1), dealing with means any reasonable action taken in relation to the discharge or escape of a harmful substance, or the dumping of any waste or other matter, including (but not limited to)—

          2. the removing, containing, and rendering harmless the harmful substance, or the waste or other matter, or doing any of those things; and
            1. any reasonable measures taken to prevent or minimise the discharge or escape of a harmful substance.

              Compare
              • 1974 No 14 s 30
              Notes
              • Section 344(1): substituted, on , by section 4(1) of the Maritime Transport Amendment Act 2005 (2005 No 59).
              • Section 344(4): substituted, on , by section 4(2) of the Maritime Transport Amendment Act 2005 (2005 No 59).