New Zealand Acts

MARITIME TRANSPORT ACT 1994 - SECT 347

347 Limits of liability of CLC shipowners for oil pollution damage

1 If—

a) oil is discharged or escapes, or there is a grave and imminent threat of discharge or escape of oil, from a CLC ship; and

b) the discharge or escape is not the result of the personal act or omission of the owner of the CLC ship, committed with intent to cause pollution damage or recklessly as to whether pollution damage would probably occur,—

the maximum amount for which the owner is liable under section 345 or section 346 must be determined under this section; but, in the case of any other event, the owner’s liability under section 345 or section 346 is not limited by this section.

2 The maximum amount for which an owner of a ship is liable in the circumstances specified in subsection (1) may be fixed from time to time by the Governor-General by Order in Council and, until the time that the maximum amount is so fixed, is—

a) 3 million units of account for a ship not exceeding 5 000 units of tonnage; and

b) for a ship with a tonnage exceeding 5 000 units, 3 million units of account plus 420 units of account for each additional unit of tonnage, up to a maximum aggregate amount of 59.7 million units of account.

3 The owner of a ship shall be liable for the costs of any proceedings that may be awarded against that owner in addition to any other liabilities which are subject to a maximum amount determined under this section.

4 The maximum amount of liability of an owner of a ship determined under this section shall relate to all pollution damage that arises on any one occasion and whether or not the pollution damage arising from that occasion is sustained by more than 1 person.

5 If the maximum amount for which the owner of a ship may be liable under this section is paid into court, no subsequent variation of the method of calculating the liability in New Zealand currency under any marine protection rules will affect the maximum amount of liability.

6 The liability limits for pollution damage, other than oil pollution damage from CLC ships, are specified in Part 7 .

7 An order under subsection (2) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

Note: 1974 No 14 ss 31(3), (4), 32(3), (4)

History: Section 347 heading: replaced, on 23 October 2013, by section 55(1) of the Maritime Transport Amendment Act 2013 (2013 No 84).   Section 347(1): substituted, on 25 June 1999, by section 4(1) of the Maritime Transport Amendment Act 1998 (1998 No 53).     Section 347(1)(a): replaced, on 23 October 2013, by section 55(2) of the Maritime Transport Amendment Act 2013 (2013 No 84).     Section 347(1)(b): amended, on 23 October 2013, by section 55(3) of the Maritime Transport Amendment Act 2013 (2013 No 84).     Section 347(1)(b): amended, on 17 May 2005, by section 6(2) of the Maritime Transport Amendment Act 2005 (2005 No 59).     Section 347(2): substituted, on 25 June 1999, by section 4(1) of the Maritime Transport Amendment Act 1998 (1998 No 53).     Section 347(5): substituted, on 25 June 1999, by section 4(2) of the Maritime Transport Amendment Act 1998 (1998 No 53).     Section 347(5): amended, on 23 October 2013, by section 55(4) of the Maritime Transport Amendment Act 2013 (2013 No 84).     Section 347(6): replaced, on 23 October 2013, by section 55(5) of the Maritime Transport Amendment Act 2013 (2013 No 84).     Section 347(7): inserted, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).