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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:

"When you help cause pollution damage, you might get less money if you claim for damages."

Illustration for Maritime Transport Act 1994

You can be liable for damage caused by pollution from a ship. If you are claiming damages, a court can reduce the amount you get if they think it is fair. This happens if the court decides you partly caused the pollution damage by being negligent or doing something on purpose to cause damage. You are considered a claimant, which also includes anyone working for you or acting on your behalf. A court will look at your situation and decide if you should get less money because of your actions. The court's decision is based on sections like section 345 or section 346.

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

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Environment and resources > ConservationMoney and consumer rights > Consumer protection

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

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

  1. 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.

  2. For the purposes of subsection (1), the term claimant includes any employee or agent of the claimant.

Compare
  • 1974 No 14 s 33(4)