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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:

"Time limit to take someone to court over an oil spill from a ship"

If you want to take someone to court under section 345, section 346, or section 350 of the Maritime Transport Act because of oil spillage from a ship, you must start the court process within three years of when you found out about the spill. You can also start the process within six years of when the oil spill actually happened.

You need to do this for oil spills from certain types of ships, including CLC ships or Bunker Oil Convention ships.

The court process must begin within these time limits, or you will not be able to take the case to court.

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This page was last updated on

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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360: Proceedings against third parties in respect of pollution from marine structures or operations, or

"Suing others for polluting the sea from ships or marine activities"

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362: Part 7 not to affect liability under this Part, or

"Part 7 does not change your responsibility for pollution damage under this law."

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).