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Maritime Transport Act 1994

Civil liability for pollution of marine environment from marine structures - Liability for pollution from marine structures and operations

385E: Defences in respect of liability for pollution damage from marine structures and operations

You could also call this:

"When you're not to blame for polluting the sea from your boat or marine work"

If you own a marine structure or are in charge of marine operations, you are not liable for pollution damage under section 385B, 385C, or 385D if you can prove the pollution was caused by something outside your control. This could be an act of war, a natural disaster, or someone else's intentional act to cause damage. You must prove this to avoid liability.

If someone is making a claim against you under section 385B, 385C, or 385D, you are not liable if you can prove the pollution was caused by the claimant's own actions or negligence. This includes if the claimant or their employee intentionally caused the damage or was careless. You must prove this to avoid liability.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5692709.

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385D: Liability for unattributable pollution damage from marine structures and operations, or

"Polluters are responsible for cleaning up marine damage, even if it's hard to say who caused what."

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385F: Reduction of liability of owner of marine structure or person in charge of marine operations where contributory negligence, or

"When you're partly to blame for pollution damage, you might not have to pay as much money."

Part 26ACivil liability for pollution of marine environment from marine structures
Liability for pollution from marine structures and operations

385EDefences in respect of liability for pollution damage from marine structures and operations

  1. The owner of a marine structure, or the person in charge of any marine operations, is not liable under section 385B, 385C, or 385D if the owner or person in charge, as the case may be, proves that the discharge or escape, or the grave and imminent threat of the discharge or escape, or dumping—

  2. resulted from an act of war, hostilities, civil war, insurrection, or a natural phenomenon of an exceptional, inevitable, and irresistible character; or
    1. was wholly caused by the act or omission of a third person, other than the employee or agent of the owner or the person in charge, as the case may be, with intent to cause damage; or
      1. was wholly caused by the negligence or other wrongful act of any government or other authority, or of any person, responsible for the maintenance of lights or other navigational aids in the performance of its functions in relation to those lights or aids.

        1. The owner of a marine structure and the person in charge of marine operations is not liable to a claimant under section 385B, 385C, or 385D if it is proved that the discharge or escape, or the grave and imminent threat of the discharge or escape, was wholly caused by the act or omission of that claimant, or the employee or agent of that claimant, with intent to cause damage, or was wholly caused by the negligence of that claimant or the employee or agent of that claimant.

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        Notes
        • Section 385E: inserted, on , by section 62 of the Maritime Transport Amendment Act 2013 (2013 No 84).