Maritime Transport Act 1994

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

354: Ships owned by Convention States

You could also call this:

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

If you own a ship and it causes pollution damage, you can be taken to court. You might think that if a country owns the ship, it cannot be taken to court because it is a sovereign State. However, if the country is a Convention State, it is considered to have given up this defence and agreed to the court's jurisdiction, in certain situations, such as when the pollution damage is from oil or bunker oil, and the country is a CLC State or a Bunker Oil Convention State, as outlined in section 345 or 346.

If a court rules that the country must pay damages, this section does not allow the court to take the country's property to pay for the damages. You should note that this applies to ships owned by Convention States. The rules about taking a country to court for pollution damage are set out in the Maritime Transport Act 1994.

This law applies when a ship owned by a Convention State causes pollution damage, and the country is taken to court under certain sections of the Act. The country is considered to have agreed to the court's jurisdiction in these cases. The court's decision can result in the country having to pay damages for the pollution damage.

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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=DLM338136.

353: Restrictions on enforcement of claims against shipowners, or

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

355: Liability to the Crown and marine agencies for costs of cleaning up pollution, or

"Paying to clean up sea pollution: you might have to pay the government or marine agencies if you pollute the sea."

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

354Ships owned by Convention States

In any action under section 345 or 346 for damages for pollution damage in respect of a ship owned by a convention State, that State is to be taken to have waived any defence based on its status as a sovereign State, and to have submitted to the jurisdiction of the court, if the State is—
a CLC State and the pollution damage is in respect of the discharge or escape of oil:
a Bunker Oil Convention State and the pollution damage is in respect of the discharge or escape of bunker oil.

This section does not permit enforcement against the property of any convention State.

Notes

Section 354: replaced, on 1 October 2014, by section 93 of the Maritime Transport Amendment Act 2013 (2013 No 84).