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Maritime Transport Act 1994

Compensation from International Oil Pollution Compensation Fund and Supplementary Fund for pollution damage - Compensation and indemnity from International Oil Pollution Fund and Supplementary Fund

372: Compensation from International Oil Pollution Fund and Supplementary Fund for certain pollution damage

You could also call this:

"Getting money back for oil spill damage in New Zealand's waters"

Illustration for Maritime Transport Act 1994

If you have pollution damage in New Zealand from an oil spill, you might get compensation from the International Oil Pollution Fund. This fund pays if the ship's owner is not liable for the damage, or if the damage exceeds the owner's liability. The fund also pays if you cannot recover damages from the owner or their insurer. You can get compensation for damage in New Zealand, its internal waters, or its marine waters, including the seabed. The International Oil Pollution Fund pays up to a maximum amount determined under section 373(1). If the International Oil Pollution Fund's maximum amount is not enough to cover the damage, the Supplementary Fund pays more, up to a maximum amount determined under section 373(1A).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM338301.

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371: International Oil Pollution Fund and Supplementary Fund declared to be legal entities, or

"Oil pollution funds are treated like people under the law"

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373: Maximum amount of liability of International Oil Pollution Fund and Supplementary Fund, or

"Limit on how much the International Oil Pollution Fund and Supplementary Fund must pay for oil spill damage"

Part 26Compensation from International Oil Pollution Compensation Fund and Supplementary Fund for pollution damage
Compensation and indemnity from International Oil Pollution Fund and Supplementary Fund

372Compensation from International Oil Pollution Fund and Supplementary Fund for certain pollution damage

  1. Subject to the provisions of this Part, the International Oil Pollution Fund must pay compensation, up to a maximum amount determined under section 373(1), for pollution damage in New Zealand, the internal waters of New Zealand, or New Zealand marine waters, or the seabed below such waters caused by the discharge or escape of oil from a CLC ship—

  2. if the owner of the ship is not liable for the pollution damage under Part 25; or
    1. if, and to the extent that, the pollution damage exceeds the maximum amount of liability of the owner of the ship determined under section 347; or
      1. if, and to the extent that, the pollution damage exceeds the maximum amount of liability of the owner of the ship determined under any convention (other than the Civil Liability Convention) which is in force between New Zealand and a State that is not a CLC State; or
        1. if, and to the extent that, a person (after pursuing that person’s legal remedies against the owner of the ship), and any insurer of the owner, does not recover payment in full of any damages and costs awarded by a court under section 345 or section 366.

          1. Subject to the provisions of this Part, the Supplementary Fund must pay compensation, up to a maximum amount determined under section 373(1A), for pollution damage if, and to the extent that, the maximum amount of compensation payable under subsection (1) is insufficient to compensate for the pollution damage.

          Compare
          • 1974 No 14 s 49(3)
          Notes
          • Section 372 heading: amended, on , by section 15(1) of the Maritime Transport Amendment Act 2017 (2017 No 48).
          • Section 372(1): amended, on , by section 15(2)(a) of the Maritime Transport Amendment Act 2017 (2017 No 48).
          • Section 372(1): amended, on , by section 15(2)(b) of the Maritime Transport Amendment Act 2017 (2017 No 48).
          • Section 372(1): amended, on , by section 15(2)(c) of the Maritime Transport Amendment Act 2017 (2017 No 48).
          • Section 372(1): amended, on , by section 9 of the Maritime Transport Amendment Act 1998 (1998 No 53).
          • Section 372(2): inserted, on , by section 15(3) of the Maritime Transport Amendment Act 2017 (2017 No 48).