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

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

You could also call this:

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

If you get compensation from the International Oil Pollution Fund or the Supplementary Fund under section 372, the fund takes your place in seeking money from others. You can seek money from the owner of a ship that caused the pollution, or their insurer, because they are responsible under section 345 or section 366. The fund can also seek money from anyone else responsible for the pollution damage, and their rights are as strong as any insurer's rights would be.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM338324.


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

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


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384: International Oil Pollution Fund as insurer, or

"Oil spill insurance provided by the International Oil Pollution Fund"

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

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

  1. Where any person has received compensation from the International Oil Pollution Fund or the Supplementary Fund under section 372, the fund is (up to the amount of compensation paid) subrogated to the rights and remedies of that person against—

  2. the owner of any CLC ship, or the owner’s insurer, in respect of the liability incurred by that owner or that owner’s insurer under section 345 or section 366:
    1. any other person in respect of the pollution damage for which compensation has been paid and the rights of the fund against any person referred to in this paragraph must be as favourable as any right or remedy that the insurer of any person referred to in paragraph (a) would have by way of subrogation.
      Compare
      • 1974 No 14 s 56
      Notes
      • Section 383 heading: amended, on , by section 25(1) of the Maritime Transport Amendment Act 2017 (2017 No 48).
      • Section 383: amended, on , by section 25(2)(a) of the Maritime Transport Amendment Act 2017 (2017 No 48).
      • Section 383: amended, on , by section 25(2)(b) of the Maritime Transport Amendment Act 2017 (2017 No 48).
      • Section 383(a): amended, on , by section 16 of the Maritime Transport Amendment Act 1998 (1998 No 53).
      • Section 383(b): amended, on , by section 25(3)(a) of the Maritime Transport Amendment Act 2017 (2017 No 48).
      • Section 383(b): amended, on , by section 25(3)(b) of the Maritime Transport Amendment Act 2017 (2017 No 48).