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:

"Ships from some countries can be taken to court if they cause pollution damage"

Illustration for Maritime Transport Act 1994

You can take a convention State to court if one of its ships causes pollution damage. The State is considered to have given up its right to claim it is sovereign and cannot be sued. This applies if the State is a CLC State and the damage is from oil, or a Bunker Oil Convention State and the damage is from bunker oil. You cannot take the property of a convention State to pay for the damage. The court can still make a decision about the damage, but it cannot force the State to give up its property. This rule is about ships owned by convention States and pollution damage. If you are suing under section 345 or 346 for pollution damage, the convention State is treated as if it has agreed to the court's jurisdiction. This means the court can hear the case and make a decision. The convention State has effectively waived its right to claim it is sovereign and cannot be sued, in certain circumstances, such as when the pollution damage is from oil or bunker oil.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM338136.

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

354Ships owned by Convention States

  1. 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—

  2. a CLC State and the pollution damage is in respect of the discharge or escape of oil:
    1. a Bunker Oil Convention State and the pollution damage is in respect of the discharge or escape of bunker oil.
      1. This section does not permit enforcement against the property of any convention State.

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