New Zealand Acts

MARITIME TRANSPORT ACT 1994 - SECT 308

308 Compensation for loss or damage to personal property

1 Every person who carries out a marine oil spill response and who suffers loss of or damage to his or her personal property in the course of carrying out that marine oil spill response shall be entitled to receive from the New Zealand Oil Pollution Fund compensation equal to—

a) the value of any personal property that has been so lost; or

b) the reduction in value of any property that has been so damaged.

2 Where the New Zealand Oil Pollution Fund does not have sufficient resources to pay the whole or any part of any compensation payable under subsection (1), the Crown may, but is not obliged to, pay the amount of compensation that the Fund is unable to pay.

3 The Crown, and the Authority on behalf of the New Zealand Oil Pollution Fund, may recover as damages for pollution damage under section 345 or section 385C , as the case may be, any compensation paid under this section.

4 Subsection (1) shall not apply in respect of any loss or damage to property to the extent to which a person is indemnified for that loss or damage by a contract of insurance.

5 To the extent to which, in respect of any loss or damage to personal property, any person has recovered or, having regard to the circumstances of the case, may reasonably be expected to recover any damages, compensation, or ex gratia payment, he or she shall not be entitled to receive any compensation under subsection (1).

Note: 1983 No 46 s 75(1), (4), (5)

History: Section 308(3): amended, on 23 October 2013, by section 53 of the Maritime Transport Amendment Act 2013 (2013 No 84).