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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

381: Notice to and joining of International Oil Pollution Fund and Supplementary Fund in certain proceedings

You could also call this:

"Telling oil pollution funds about court cases involving ship owners"

Illustration for Maritime Transport Act 1994

You can take a ship owner to court if they cause oil pollution. If you do this, you or the ship owner can tell the International Oil Pollution Fund or the Supplementary Fund about the court case. You can also ask the court to include the fund in the case. When you tell the fund about the case, you must give them enough information to decide if they want to be part of it. You must also give them a time limit to decide, which is usually 30 days. If the fund wants to be part of the case, the court must let them join. If the fund does not join the case, they cannot challenge the court's decision later on. If the fund is told about the case but does not join, the court's decision is final and the fund cannot argue about it later. This is according to section 372 and the Maritime Transport Act 1994.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM338321.

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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

381Notice to and joining of International Oil Pollution Fund and Supplementary Fund in certain proceedings

  1. In proceedings brought in a court against the owner of a CLC ship, or the owner’s insurer, to enforce a claim in respect of any liability incurred under section 372,—

  2. either party to the proceedings may serve a notice on the International Oil Pollution Fund or on the Supplementary Fund; and
    1. either party may join the fund served in the action; and
      1. the fund served may apply to the court to be joined in the action.

        1. A notice served under subsection (1)(a) must—

        2. give sufficient details of the cause of action to allow the fund served to decide whether to apply to be joined in the action; and
          1. specify a period of 30 days, or a lesser period ordered by the court, for the fund served to apply to be joined in the action.

            1. If the fund served applies to be joined in the action, the court must join the fund in the proceedings.

            2. If a fund has been served under subsection (1)(a) but has not been joined in the proceedings, the judgment of the court is final and binding on the fund to the extent that the fund may not challenge the findings of the court in any proceedings relating to the same cause of action.

            Notes
            • Section 381: replaced, on , by section 23 of the Maritime Transport Amendment Act 2017 (2017 No 48).