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
3. 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
4. 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
5. 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.

6. 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.