Maritime Transport Act 1994

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

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

You could also call this:

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

If you own a marine structure or are in charge of marine operations and you are not liable for pollution damage under section 385C or section 385D, you might still be able to take action against someone else. This can happen if you can prove certain things, as stated in section 385E(1)(b) or (c). You can then take proceedings against the person who actually caused the pollution, such as the person who discharged, escaped, or dumped a harmful substance or waste.

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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=DLM5693044.

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."

385H: Regulated offshore installations to have certificates of insurance, or

"Offshore installations must have insurance certificates to operate legally."

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

385GProceedings against third parties in respect of pollution damage from marine structures or operations

Where the owner of a marine structure or the person in charge of any marine operations avoids liability in damages for pollution damage under section 385C or 385D by proving any of the matters specified in section 385E(1)(b) or (c), proceedings for pollution damage may be brought under this section against the person specified in section 385E(1)(b) or (c) who has caused the discharge, escape, or dumping of a harmful substance or waste or other matter, as the case may be.

Compare

s 360

Notes

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