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

If you own a ship and it causes pollution damage, you might have to pay for it under section 345. But sometimes it's hard to figure out which ship caused which part of the damage. If that happens, you and the other ship owners will be responsible for all the damage together. You will all have to pay for the damage, even if it's not entirely your fault. Your liability will also depend on what sections 347 and 348 say, which you can read about by following the links to sections 347 and 348.

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

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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."

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347: Limits of liability of CLC shipowners for oil pollution damage, or

"How much ship owners must pay for oil spill damage"

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)