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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

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

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"When you help cause pollution, you might get less money if you claim damages"

Illustration for Maritime Transport Act 1994

You can be liable for pollution from a marine structure or operation. If you are claiming damages, a court can reduce the amount you get if you partly caused the pollution. This can happen if you meant to cause damage or were negligent. You are considered a claimant, and this also includes your employees or agents. A court will decide how much to reduce your damages, and it will be a fair amount. The court's decision is based on sections like section 385C or 385D.

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

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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

  1. 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.

  2. For the purposes of subsection (1), claimant includes any employee or agent of the claimant.

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