Maritime Transport Act 1994

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

346: Liability for unattributable pollution damage from ships

You could also call this:

"Ship owners are responsible for pollution damage, even if it's hard to say which ship caused it"

Illustration for Maritime Transport Act 1994

You can be liable for pollution damage from a ship. If it's hard to separate the damage your ship caused from damage another ship caused, you and the other owner are both responsible for all the damage. You can find more information about this in section 345. Your liability is also subject to sections 347 and 348. These sections have more details about your responsibilities. You are responsible for the damage, and you need to follow the rules. The rules are in the Maritime Transport Act 1994. You can learn more about the act and your responsibilities.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM338114.

This page was last updated on View changes



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

346Liability for unattributable pollution damage from ships

  1. Where the owner of a ship is liable in damages for pollution damage under section 345, but the pollution damage for which that owner is liable cannot reasonably be separated from the pollution damage for which any owner of another ship is liable under section 345, each of the owners shall be jointly and severally liable for all the pollution damage for which the owners together would be liable under section 345.

  2. Any liability under subsection (1) shall be subject to the provisions of sections 347 and 348.

Compare
  • 1974 No 14 ss 31(7), 32(7)