Maritime Transport Act 1994

Civil liability for pollution of marine environment - Mandatory insurance for certain ships and offshore installations

366: Rights of third parties against insurers of regulated oil tankers and regulated ships

You could also call this:

"What happens if a ship causes pollution and someone wants to claim against the insurer?"

Illustration for Maritime Transport Act 1994

If you own a ship and it causes pollution, you might have to pay for the damage. You need to have insurance to cover this cost. If someone wants to claim for the damage, they can take action against your insurer. If the insurer is taken to court, they can defend themselves by saying the ship's owner was reckless. But the insurer cannot use other defences they might have against the ship's owner. The insurer's liability is limited to the same amount as the ship's owner's liability under section 347. This means the insurer does not have to pay more than the ship's owner would have to pay. You can still claim against the ship's owner for pollution damage, even if you are claiming against the insurer. In this case, an insurer is someone who provides insurance or financial security for the ship's owner's liability for pollution damage, as referred to in section 363 or 363A.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM338165.

This page was last updated on 4 January 2026 — View changes

Topics:

Environment and resources > ConservationMoney and consumer rights > Insurance

Part 25Civil liability for pollution of marine environment
Mandatory insurance for certain ships and offshore installations

366Rights of third parties against insurers of regulated oil tankers and regulated ships

If the owner of any ship is alleged to have incurred liability under any or all of sections 344, 345, and 346, proceedings to enforce a claim in respect of that liability may be brought against the insurer.
In proceedings brought against the insurer under this section, it shall be a defence, in addition to any defence under this Act affecting the owner’s liability, for the insurer to prove that the discharge or escape of a harmful substance, or the dumping of waste or other matter, giving rise to liability resulted from the wilful misconduct of the owner of the ship but the insurer shall not be entitled to invoke any other defence which the insurer might have been entitled to invoke in any proceedings brought against the insurer by that owner.
The liability of the insurer in proceedings under this section against the owner of a regulated ship (irrespective of the actual fault or privity of that owner) is limited in like manner and to the same extent as the liability of that owner is limited under section 347.
Nothing in this section shall prejudice any claim, or the enforcement of any claim, by any person against the owner of the ship in respect of pollution damage.
In this section, insurer means any person providing insurance or other financial security for the owner’s liability for pollution damage to which a certificate of insurance referred to in section 363 or 363A relates.

Compare

1974 No 14 s 39

Notes

Section 366 heading: amended, on 23 October 2013, by section 60(1) of the Maritime Transport Amendment Act 2013 (2013 No 84).
Section 366(1): replaced, on 23 October 2013, by section 60(2) of the Maritime Transport Amendment Act 2013 (2013 No 84).
Section 366(2): amended, on 23 October 2013, by section 60(3) of the Maritime Transport Amendment Act 2013 (2013 No 84).
Section 366(4): amended, on 23 October 2013, by section 60(3) of the Maritime Transport Amendment Act 2013 (2013 No 84).
Section 366(5): inserted, on 23 October 2013, by section 60(4) of the Maritime Transport Amendment Act 2013 (2013 No 84).
Section 366(5): amended, on 1 October 2014, by section 96 of the Maritime Transport Amendment Act 2013 (2013 No 84).