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:

"Holding someone else responsible for ship pollution"

If you own a ship and you are not liable for pollution under section 344, section 345, or section 346, you might still have to deal with the consequences. This can happen if you can prove certain things, like those mentioned in paragraph (b) or paragraph (c) of section 348(1). In that case, someone else might be held responsible for the pollution, and they could be taken to court.

If someone is taken to court under this rule because of section 348(1)(c), they have the same rights as the ship's owner when it comes to limiting their liability. The rules in section 351 will also apply to them, but with some changes. You cannot take a government to court under this rule, except for the Government of New Zealand.

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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=DLM338129.

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

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

351: Distribution of amounts paid in satisfaction of liability, or

"How the court shares out money when a ship owner is liable for damages"

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).