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

382: Reciprocal enforcement of judgments against International Oil Pollution Fund or Supplementary Fund

You could also call this:

"Enforcing overseas judgments against oil pollution funds in New Zealand"

If you have a judgment against the International Oil Pollution Fund or the Supplementary Fund, you can enforce it in New Zealand. The Reciprocal Enforcement of Judgments Act 1934 applies to judgments given by a court against these funds in certain countries. This means you can use this act to enforce your judgment in New Zealand.

When a court in another country makes a judgment against these funds, some parts of the Reciprocal Enforcement of Judgments Act 1934 do not apply. If a court in another country has decided how to distribute money from these funds, you can enforce that judgment in New Zealand. The judgment you enforce in New Zealand will be the one from the other country, but with the changes the other country's court made about how to distribute the money.

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This page was last updated on 25 May 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM338323.

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

"Telling oil spill funds about court cases involving ship accidents"

383: Rights of subrogation of International Oil Pollution Fund or Supplementary Fund, or

"When you get money from a pollution fund, they take your place to get money from those responsible."

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

382Reciprocal enforcement of judgments against International Oil Pollution Fund or Supplementary Fund

Part 1 of the Reciprocal Enforcement of Judgments Act 1934 applies to any judgment given by a court against the International Oil Pollution Fund or the Supplementary Fund in a country in respect of which the Fund Convention or the Supplementary Fund Protocol (as the case may be) is in force.
Subsections (3) and (4) of section 6 of the Reciprocal Enforcement of Judgments Act 1934 have no effect in the case of any such judgment.
Where a court in a country in respect of which the Fund Convention or the Supplementary Fund Protocol is in force has directed the distribution of the amounts available for distribution in accordance with the provisions of paragraph 5 of Article 4 of that convention or paragraph 3 of Article 4 of that protocol (as the case may be), then, for the purpose of enforcing the judgment of that court in New Zealand, the judgment to be enforced is the judgment of that court as modified by that direction as to distribution.

Compare

1974 No 14 s 55

Notes

Section 382 heading: amended, on 15 June 2018, by section 24(1) of the Maritime Transport Amendment Act 2017 (2017 No 48).
Section 382(1): amended, on 15 June 2018, by section 24(2)(a) of the Maritime Transport Amendment Act 2017 (2017 No 48).
Section 382(1): amended, on 15 June 2018, by section 24(2)(b) of the Maritime Transport Amendment Act 2017 (2017 No 48).
Section 382(2): amended, on 15 June 2018, by section 24(3) of the Maritime Transport Amendment Act 2017 (2017 No 48).
Section 382(3): amended, on 15 June 2018, by section 24(4)(a) of the Maritime Transport Amendment Act 2017 (2017 No 48).
Section 382(3): amended, on 15 June 2018, by section 24(4)(b) of the Maritime Transport Amendment Act 2017 (2017 No 48).
Section 382(3): amended, on 15 June 2018, by section 24(4)(c) of the Maritime Transport Amendment Act 2017 (2017 No 48).