Maritime Transport Act 1994

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

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

You could also call this:

"Taking action against people who cause ship pollution"

Illustration for Maritime Transport Act 1994

You can take action against someone who caused pollution from a ship. This can happen if the ship's owner is not liable due to certain reasons outlined in section 344, section 345, or section 346. You can take action against the person who caused the pollution, as stated in section 348(1). If you take action against someone under this section, they may have limited liability. This means they are only responsible for a certain amount of damage, as outlined in section 351. You cannot take action against a government, except for the New Zealand Government.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM338129.

This page was last updated on 4 January 2026 — View changes

Topics:

Environment and resources > ConservationTransport and travel > Boating

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

350Proceedings against third parties in respect of pollution from ships

Subject to subsection (3), where the owner of a ship avoids liability under section 344 or section 345 or section 346 by proving any of the matters specified in paragraph (b) or paragraph (c) of section 348(1), proceedings may be brought under this section against the person specified in the said paragraph (b) or the said paragraph (c) who has caused the discharge or escape of a harmful substance or waste or other matter, as the case may be.
If proceedings have been brought under this section against a person specified in section 348(1)(c), that defendant shall be entitled to the same limitation of liability as is available under this Part to the owner of the ship from which the harmful substance or waste or other matter has been discharged or has escaped, as the case may be, and the provisions of section 351 shall apply, with the necessary modifications, to the defendant.
Proceedings shall not be brought under this section against any government other than the Government of New Zealand.

Compare

1974 No 14 s 40(1), (3)

Notes

Section 350(1): amended, on 17 May 2005, by section 8(a) of the Maritime Transport Amendment Act 2005 (2005 No 59).
Section 350(1): amended, on 17 May 2005, by section 8(b) of the Maritime Transport Amendment Act 2005 (2005 No 59).