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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

374: International Oil Pollution Fund’s liability for compensation avoided or limited in certain cases

You could also call this:

"When the Oil Pollution Fund doesn't have to pay for oil spill damage"

Illustration for Maritime Transport Act 1994

You are involved with a ship that carries oil in bulk. The International Oil Pollution Fund does not have to pay for damage if it was caused by war or if the oil came from a warship. The Fund also does not have to pay if you cannot prove the damage came from a ship. You can get less money from the Fund if the damage was partly your fault. This is because you played a part in causing the damage. The court decides how much money you get. There are some exceptions to this rule. If you spent money to stop or reduce pollution damage, you can still get money from the Fund. This also applies if you followed instructions from the Director to prevent pollution damage, as outlined in Part 20. You can also get money if you are claiming for expenses related to measures carried out pursuant to an instruction of the Director under Part 20, or if you are claiming for expenses reasonably incurred or sacrifices reasonably made by the owner of a ship voluntarily to prevent or reduce pollution damage, as mentioned in section 372.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM338306.

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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

374International Oil Pollution Fund’s liability for compensation avoided or limited in certain cases

  1. The provisions of this section apply only in respect of a CLC ship carrying persistent hydrocarbon mineral oil in bulk as cargo.

  2. The International Oil Pollution Fund is not liable under section 372(1) to pay compensation for pollution damage in the following circumstances:

  3. if it is proved that the pollution damage resulted from an act of war, hostilities, civil war, or insurrection, or was caused by oil which had been discharged from a warship, or from any other ship owned or operated by a State, and which at the time of the discharge was being used by the Government of that State for purposes other than commercial purposes:
    1. if the person making the claim in respect of the pollution damage is unable to prove that the pollution damage was the result of the discharge of oil from 1 or more ships.

      1. Where the International Oil Pollution Fund proves that the damages suffered by any person are a result in part of—

      2. that person’s own negligence; or
        1. any act or omission by that person done or omitted with intent to cause pollution damage,—
            1. the compensation recoverable from the International Oil Pollution Fund under section 372 is reduced to the extent that the court thinks just and equitable having regard to that person’s share in the responsibility for the damage suffered.

          1. Nothing in subsection (3) applies to any claim against the International Oil Pollution Fund that relates to—

          2. expenses reasonably incurred or sacrifices reasonably made by the owner of a ship voluntarily to prevent or reduce pollution damage; or
            1. expenses relating to measures carried out by the owner of a ship pursuant to an instruction of the Director under Part 20.

              Compare
              • 1974 No 14 s 49(4), (5)
              Notes
              • Section 374(2): amended, on , by section 17(1) of the Maritime Transport Amendment Act 2017 (2017 No 48).
              • Section 374(3): amended, on , by section 17(2) of the Maritime Transport Amendment Act 2017 (2017 No 48).
              • Section 374(4): amended, on , by section 17(3) of the Maritime Transport Amendment Act 2017 (2017 No 48).