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

1. Subject to this section, no action may be brought in a court to enforce a claim against the International Oil Pollution Fund or the Supplementary Fund under section 372 in respect of pollution damage in or to the territory, territorial sea, or exclusive economic zone of a country other than New Zealand in respect of which the Civil Liability Convention is in force.

2. If an action to enforce a claim for compensation for pollution damage under the Civil Liability Convention has been brought before a court in a State that is a party to that convention but is not a party to the Fund Convention or the Supplementary Fund Protocol, an action by the claimant against the International Oil Pollution Fund for compensation under Article 4 of the Fund Convention (or against both that fund under Article 4 of the Fund Convention and the Supplementary Fund under Article 4 of the Supplementary Fund Protocol) may be brought before a court in New Zealand, and the provisions of this Part apply accordingly.