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Maritime Transport Act 1994

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

353: Restrictions on enforcement of claims against shipowners

You could also call this:

"Rules to protect shipowners from claims, like pollution, after they pay what the court orders"

Illustration for Maritime Transport Act 1994

You have a claim against a shipowner for pollution from their ship. If the shipowner pays the amount ordered by the court under section 351(1), the court will release any detained ship or property. The court will also stop the claim from being enforced, except for costs. You are making a claim against a shipowner under this Part of the law. The shipowner will pay your reasonable costs and expenses, unless the court decides otherwise. The court will work out these costs and the shipowner will pay them.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM338135.

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

353Restrictions on enforcement of claims against shipowners

  1. Where the amount directed to be paid under section 351(1) has been paid into court,—

  2. the court shall order the release of any ship or other property detained, or any security given, in connection with the claim in respect of which the amount has been paid; and
    1. no judgment for any such claim shall be enforced (except in relation to costs).

      1. In proceedings under this Part against the owner of a ship, the reasonable costs and expenses of the claimant, including costs incurred between solicitor and client, shall, unless the court otherwise orders, be taxed by the court and paid by that owner.

      Compare
      • 1974 No 14 s 36