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 follow when making a claim against a shipowner for pollution from their ship"

If you make a claim against a shipowner for pollution from their ship, there are rules to follow. When the shipowner pays the amount they owe into court, the court will release any ship or property that was being held because of the claim. The court will also stop the claim from being enforced, except for costs.

If you take a shipowner to court because of pollution from their ship, you can claim back the costs you paid to make the claim. The court will decide how much you can claim back, and the shipowner will have to pay it, unless the court says otherwise.

You can find more information about how much you can claim back by looking at what the court decides about your costs, which can include what you paid your lawyer.

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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=DLM338135.

352: Liability of shipowners for damages for pollution damage only under this Act, or

"Ship owners are responsible for paying damages if their ship pollutes the sea or seabed in New Zealand."

354: Ships owned by Convention States, or

"Rules for ships owned by countries that have agreed to follow international pollution laws"

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

353Restrictions on enforcement of claims against shipowners

Where the amount directed to be paid under section 351(1) has been paid into court,—
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
no judgment for any such claim shall be enforced (except in relation to costs).

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