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 can claim back costs from those responsible."

Illustration for Maritime Transport Act 1994

If you get compensation from the International Oil Pollution Fund or the Supplementary Fund under section 372, the fund takes your place to get money back from others. The fund can get money back from the owner of a ship that caused the pollution, or their insurer, as stated in section 345 or section 366. The fund also has rights against anyone else who caused the pollution, and these rights are just as good as any rights an insurer would have.

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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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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).