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 court decisions against oil pollution funds in New Zealand"

Illustration for Maritime Transport Act 1994

You can enforce a court judgment against the International Oil Pollution Fund or the Supplementary Fund in New Zealand. This is done under Part 1 of the Reciprocal Enforcement of Judgments Act 1934. The judgment must be from a country that has agreed to the Fund Convention or the Supplementary Fund Protocol. You can find more information about this in the Reciprocal Enforcement of Judgments Act 1934, which you can read about in Part 1 and section 6. Some parts of section 6 do not apply to these judgments. If a court in another country has decided how to distribute money, you use that decision to enforce the judgment in New Zealand.

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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

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

  1. 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.

  2. 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.

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