Maritime Transport Act 1994

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

349: Reduction of shipowner’s liability for pollution damage where contributory negligence

You could also call this:

"Ship owners pay less if the person hurt by pollution was also to blame"

If you own a ship and it causes pollution damage, you might have to pay damages to someone who was affected. But if the court thinks the person who was affected partly caused the damage themselves, either on purpose or by being careless, the court can reduce the amount of money you have to pay. The court will decide how much to reduce the payment, and it will be an amount that the court thinks is fair. When the law talks about the person who was affected, it also includes anyone who works for them or acts on their behalf, and this is referred to in relation to section 345 or section 346.

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 It might be out of date or be missing some parts.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

This page was last updated on 25 May 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM338127.

348: Defences to shipowner’s liability for pollution damage, or

"When ship owners are not responsible for pollution damage"

350: Proceedings against third parties in respect of pollution from ships, or

"Holding someone else responsible for ship pollution"

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

349Reduction of shipowner’s liability for pollution damage where contributory negligence

A court may reduce, to such extent as it thinks just and equitable, the damages for which the owner of a ship is liable to a claimant under section 345 or section 346 if it is proved that the pollution damage suffered by that claimant was partly caused either by the act or omission of that claimant with intent to cause damage or by the negligence of that claimant.
For the purposes of subsection (1), the term claimant includes any employee or agent of the claimant.

Compare

1974 No 14 s 33(4)