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Maritime Transport Act 1994

Civil liability for pollution of marine environment - General provisions in respect of liability for pollution damage

361: Time for bringing proceedings

You could also call this:

"How long you have to take court action over ship pollution"

Illustration for Maritime Transport Act 1994

You can take action under sections like section 345, section 346, or section 350 if a ship causes oil pollution. You must start the court case within 3 years of when you found out about the problem. You must also start the case within 6 years of when the pollution happened.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM338157.

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Part 25Civil liability for pollution of marine environment
General provisions in respect of liability for pollution damage

361Time for bringing proceedings

  1. No action under section 345 or section 346 or section 350 in respect of the discharge or escape of oil from a CLC ship, or in respect of the discharge or escape of bunker oil from a Bunker Oil Convention ship, shall be brought in any court, unless the proceedings are commenced not later than 3 years after the date on which the claim arose, nor later than 6 years after the event, or, as the case may be, the first of the events, by reason of which liability was incurred.

Compare
  • 1974 No 14 s 41
Notes
  • Section 361: amended, on , by section 94 of the Maritime Transport Amendment Act 2013 (2013 No 84).