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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"

Illustration for Maritime Transport Act 1994

The High Court of New Zealand has admiralty jurisdiction over claims about pollution damage from ships. This means you can take a claim to the High Court if a ship has caused pollution damage. The Court will also consider claims under section 4(1)(d) of the Admiralty Act 1973, which is about damage done by a ship. You cannot take a claim to a New Zealand court if the claim is about oil damage in another country's territory, even if that country is a CLC State. The High Court's jurisdiction applies to claims about ship pollution damage, and it will handle these claims like any other claim about ship damage.

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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).