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Maritime Transport Act 1994

Civil liability for pollution of marine environment - Miscellaneous

368: Application of admiralty jurisdiction

You could also call this:

"Courts can deal with claims about ship pollution damage in New Zealand"

The High Court of New Zealand has the power to deal with claims about pollution damage caused by a ship. This power includes claims for damage done by a ship, as stated in section 4(1)(d) of the Admiralty Act 1973. You can take a claim to the High Court if it is about pollution damage involving a ship.

If oil is discharged and causes damage in certain areas, you cannot take action in a New Zealand court to enforce a claim, unless the damage happened in New Zealand. These areas include the territory, territorial sea, or exclusive economic zone of a country that is part of the CLC agreement.

The court's power to deal with these claims includes all the normal things that happen with a claim, like deciding who is responsible and what they have to pay.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM338168.

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Part 25Civil liability for pollution of marine environment
Miscellaneous

368Application of admiralty jurisdiction

  1. The admiralty jurisdiction of the High Court of New Zealand shall extend to any claim under this Part in respect of liability for pollution damage involving a ship, and section 4(1)(d) of the Admiralty Act 1973 (which relates to claims for damage done by a ship) shall be construed as extending to any claim to which this subsection applies, together with all the incidents of such a claim.

  2. No action shall be brought in a court to enforce any claim attributable to the discharge of oil causing damage in or to the territory, territorial sea, or exclusive economic zone of a CLC State, other than New Zealand.

Compare
  • 1974 No 14 s 43
  • 1977 No 12 s 5
Notes
  • Section 368(2): amended, on , by section 7 of the Maritime Transport Amendment Act 1998 (1998 No 53).