New Zealand Acts

MARITIME TRANSPORT ACT 1994 - SECT 348

348 Defences to shipowner’s liability for pollution damage

1 The owner of a ship shall not be liable under section 344, section 345, or section 346 if the owner proves that the discharge or escape, or the grave and imminent threat of the discharge or escape, —

a) resulted from an act of war, hostilities, civil war, insurrection, or a natural phenomenon of an exceptional, inevitable, and irresistible character; or

b) was wholly caused by the act or omission of a third person, other than the employee or agent of the owner, with intent to cause damage; or

c) was wholly caused by the negligence or other wrongful act of any government or other authority, or of any person, responsible for the maintenance of lights or other navigational aids in the exercise of its functions in relation to those lights or aids.

2 The owner of a ship shall not be liable in damages to a claimant under section 344, section 345, or section 346 if it is proved that the discharge or escape, or the grave and imminent threat of the discharge or escape, was wholly caused by the act or omission of that claimant, or the employee or agent of that claimant, with intent to cause damage, or was wholly caused by the negligence of that claimant or the employee or agent of that claimant.

Note: 1974 No 14 s 33(1), (3)

History: Section 348(1): amended, on 17 May 2005, by section 7(1)(a) of the Maritime Transport Amendment Act 2005 (2005 No 59).   Section 348(1): amended, on 17 May 2005, by section 7(1)(b) of the Maritime Transport Amendment Act 2005 (2005 No 59).     Section 348(1): amended, on 17 May 2005, by section 7(1)(c) of the Maritime Transport Amendment Act 2005 (2005 No 59).     Section 348(2): amended, on 17 May 2005, by section 7(2)(a) of the Maritime Transport Amendment Act 2005 (2005 No 59).     Section 348(2): amended, on 17 May 2005, by section 7(2)(b) of the Maritime Transport Amendment Act 2005 (2005 No 59).