Maritime Transport Act 1994

Miscellaneous provisions applying to this Act generally - Detention of ship and distress on ship

464: Agents' contracts of indemnity

You could also call this:

"Protection for Ship Agents if Things Go Wrong"

Illustration for Maritime Transport Act 1994

You are an agent if you agree to act for the owner of a ship in New Zealand. You can make a contract with the owner to pay you back if you get in trouble because of your work as an agent. This contract can cover trouble from court cases under the Maritime Transport Act 1994, the Resource Management Act 1991, or the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012. You can only get paid back if the trouble was not your fault. A New Zealand court will enforce the contract if you did not do anything wrong on purpose. The court will look at what happened and decide if you should get paid back. If you make a contract like this, it will help protect you if something goes wrong while you are working as an agent for a ship owner. The contract is like a promise from the owner to help you if you get in trouble because of your work. You should know that the court will consider the contract and the laws that apply to your work as an agent.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM338895.

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Part 30Miscellaneous provisions applying to this Act generally
Detention of ship and distress on ship

464Agents' contracts of indemnity

This section applies to a person (the agent) who enters into an agreement to act as the agent in New Zealand of the owner, charterer, manager, or operator of a ship.
The agent may enter into a contract of indemnity under which the owner, charterer, manager, or operator agrees to indemnify the agent for any sum for which the agent may become liable as a result of proceedings (whether civil or criminal) against the agent, in that capacity, in any court under any provision of any 1 or more of this Act, the Resource Management Act 1991, and the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012.
A New Zealand court may enforce the contract of indemnity only if the proceedings do not result from the wilful act or neglect or default of the agent.

Notes

Section 464: replaced, on 31 October 2015, by section 47(1) of the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 (2013 No 85).
Section 464(2): amended, on 23 December 2023, by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).