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 when someone sues the insurance company of a ship that caused pollution"

If you own a ship and it causes pollution, you might have to pay for the damage. You can get insurance to help cover these costs. If someone wants to sue you for the pollution damage, they can also sue your insurer. Your insurer can defend themselves by saying the pollution happened because you did something wrong on purpose. The insurer's liability is limited to the same amount as yours, as stated in section 347. This does not affect your liability, and people can still sue you directly for the pollution damage. In this case, your insurer is the person or company that provides your insurance, as referred to in section 363 or 363A.

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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=DLM338165.

365: Production of certificate of insurance, or

"Ship masters must show their insurance certificate when authorities ask"

367: Offences, or

"Breaking the rules about ship insurance can lead to big fines or even prison time"

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).