Maritime Transport Act 1994

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

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

You could also call this:

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

If you own a marine structure or are in charge of marine operations and someone sues you for pollution damage under section 385C or section 385D, the court can reduce the amount of money you have to pay. This can happen if the court thinks the person suing you partly caused the pollution damage themselves, either on purpose or by being careless. The court will decide how much to reduce the amount of money you have to pay, and it will be a fair amount.

If you are the person suing someone for pollution damage, the court will also consider the actions of your employees or agents when deciding if you partly caused the damage. You are considered responsible for their actions, so if they did something careless that contributed to the pollution damage, it can affect how much money you receive. The court's decision will be based on what is fair and reasonable in your situation.

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This page was last updated on 25 May 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5693042.

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

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

385G: Proceedings against third parties in respect of pollution damage from marine structures or operations, or

"Suing someone else for causing pollution from the sea if you're not to blame"

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

385FReduction of liability of owner of marine structure or person in charge of marine operations where contributory negligence

A court may reduce to such extent as it thinks just and equitable, the damages for which the owner of a marine structure, or the person in charge of any marine operations, is liable to a claimant under section 385C or 385D if it is proved that the pollution damage suffered by that claimant was partly caused either by the act or omission of that claimant with intent to cause damage or by the negligence of that claimant.
For the purposes of subsection (1), claimant includes any employee or agent of the claimant.

Compare

s 359

Notes

Section 385F: inserted, on 23 October 2013, by section 62 of the Maritime Transport Amendment Act 2013 (2013 No 84).