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New Zealand law explained for everyone

Maritime Transport Act 1994

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

345: Liability of shipowners for pollution damage

You could also call this:

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

If you own a ship, you are responsible for paying damages if your ship causes pollution in New Zealand waters. This includes pollution from harmful substances that leak from your ship, or waste that is dumped from your ship. You also have to pay for any reasonable measures taken by the government to stop or reduce a big threat of pollution from your ship.

If the government has already recovered some costs from you under section 344(1), you can still be asked to pay more costs if they are for different things. You have to pay these costs, including goods and services tax, for any pollution damage in New Zealand waters caused by your ship.

Your responsibilities as a ship owner are subject to sections 347 and 348 and Part 7 of the law.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM338112.

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

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

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346: Liability for unattributable pollution damage from ships, or

"Ship owners pay together for pollution damage when it's unclear who's to blame"

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

345Liability of shipowners for pollution damage

  1. Subject to sections 347 and 348 and Part 7, the owner of a ship is liable in damages, including goods and services tax (if any), for—

  2. all pollution damage in New Zealand or the internal waters of New Zealand or in New Zealand marine waters or on to the beds below those internal or marine waters caused by—
    1. a harmful substance that is discharged or escapes from a ship; or
      1. any waste or other matter that is dumped from a ship; and
      2. the costs reasonably incurred for any reasonable preventive measures taken by the Crown (or marine agency) to eliminate or reduce a grave and imminent threat that a harmful substance may be discharged or escape 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. The recovery of costs by the Crown (or marine agency) under section 344(1) does not preclude a claim for costs under subsection (1) if that claim relates to matters that are different from the matters for which costs were recovered under section 344(1).

        Notes
        • Section 345: substituted, on , by section 5 of the Maritime Transport Amendment Act 2005 (2005 No 59).