Maritime Transport Act 1994

Compensation from International Oil Pollution Compensation Fund and Supplementary Fund for pollution damage - Provisions in respect of proceedings against International Oil Pollution Fund or Supplementary Fund

378: Time for bringing proceedings against International Oil Pollution Fund or Supplementary Fund

You could also call this:

"Time limit to sue the Oil Pollution Fund for compensation"

If you want to take action against the International Oil Pollution Fund or the Supplementary Fund, you must start the proceedings or serve a notice within three years of your claim arising. You can find out how to serve the notice by looking at section 380. You cannot take action more than six years after the event that led to your claim.

You are making a claim for compensation under section 372. This means you have to follow the rules to get the compensation you are asking for. You have to do this within the time limits set by the law.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM338313.


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377: International Oil Pollution Fund’s liability to indemnify limited or avoided in certain cases, or

"When the International Oil Pollution Fund doesn't have to pay back money in certain situations"


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379: Jurisdiction of court in respect of claims against International Oil Pollution Fund or Supplementary Fund, or

"Courts in New Zealand can hear some cases about oil pollution claims from other countries."

Part 26Compensation from International Oil Pollution Compensation Fund and Supplementary Fund for pollution damage
Provisions in respect of proceedings against International Oil Pollution Fund or Supplementary Fund

378Time for bringing proceedings against International Oil Pollution Fund or Supplementary Fund

  1. No action to enforce a claim against the International Oil Pollution Fund or the Supplementary Fund for compensation under section 372 may be brought in any court, unless the proceedings are commenced, or a notice is served on the fund in accordance with the provisions of section 380, not later than 3 years after the claim arose; and in any case no such action may be brought later than 6 years after the occurrence of the event or, as the case may be, the first of the events giving rise to the claim.

  2. Repealed
Compare
  • 1974 No 14 s 53
Notes
  • Section 378 heading: amended, on , by section 20(1) of the Maritime Transport Amendment Act 2017 (2017 No 48).
  • Section 378(1): amended, on , by section 20(2)(a) of the Maritime Transport Amendment Act 2017 (2017 No 48).
  • Section 378(1): amended, on , by section 20(2)(b) of the Maritime Transport Amendment Act 2017 (2017 No 48).
  • Section 378(1): amended, on , by section 20(2)(c) of the Maritime Transport Amendment Act 2017 (2017 No 48).
  • Section 378(1): amended, on , by section 12(1) of the Maritime Transport Amendment Act 1998 (1998 No 53).
  • Section 378(2): repealed, on , by section 12(2) of the Maritime Transport Amendment Act 1998 (1998 No 53).