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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:

"Shipowners must pay for pollution damage to New Zealand waters"

Illustration for Maritime Transport Act 1994

You are liable for damage if your ship pollutes New Zealand waters. This includes damage from harmful substances or waste from your ship. You must also pay for measures to stop pollution if your ship is a threat. You have to pay for the costs of cleaning up the pollution and for any measures taken to prevent it. If the Crown has already recovered some costs, you can still be asked to pay for other costs. The Crown can take action to prevent pollution and you will have to pay for it if your ship is the cause. You will have to pay for damage to New Zealand waters, including internal and marine waters, and the beds below them. This is according to the Maritime Transport Act 1994 and other related sections like sections 347 and 348 and Part 7.

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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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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).