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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"

The International Oil Pollution Fund is not liable to pay compensation for pollution damage in certain circumstances. If you are making a claim, you must prove the pollution damage was caused by oil from a ship. The Fund is not liable if the pollution damage was caused by an act of war or by a ship owned by a government that was being used for non-commercial purposes. You can also be refused compensation if you cannot prove the pollution damage came from a ship. If the court decides you were partly responsible for the pollution damage, because you were negligent or did something on purpose to cause the damage, the compensation you can get from the Fund will be reduced. This reduction does not apply if you are claiming for expenses to prevent or reduce pollution damage, or if you followed instructions from the Director under Part 20 to carry out measures to prevent pollution.

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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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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"

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375: Several claims for compensation from International Oil Pollution Fund, or

"How the court splits payments when many people claim for oil pollution 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

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).