New Zealand Acts

MARITIME TRANSPORT ACT 1994 - SECT 352

352 Liability of shipowners for damages for pollution damage only under this Act

Where any pollution damage is caused in New Zealand, the internal waters of New Zealand, or New Zealand marine waters, or the seabed below such waters, by the discharge or escape of a harmful substance, or the dumping of waste or other matter, from a ship into the sea or the seabed,—

a) the only claim in damages that may be made against the owner of that ship in respect of pollution damage caused by that discharge or dumping is as provided in sections 344, 345, and 346 ; and

b) no claim in damages may be made under section 344 against the employees or agents of that owner, and any person performing salvage operations with the consent of the owner or the Director in respect of pollution damage caused by that discharge or dumping; and

c) no claim in damages may be made under section 345 or section 346 against—

i) the employees or agents of the owner or the members of the crew of the ship; or

ii) the pilot or any other person who, without being a member of the crew, performs services for the ship; or

iii) despite paragraph (a)(iii) of the definition of the term owner in section 222(2) , any charterer, manager, or operator of the ship; or

iv) any person performing salvage operations with the consent of the owner or the Director; or

v) any person taking measures to prevent pollution damage; or

vi) any servant or agent of a person described in subparagraphs (iii) to (v),—

in respect of pollution damage caused by that discharge or dumping unless the pollution damage resulted from that person’s personal act or omission, committed with intent to cause pollution damage or recklessly as to whether pollution damage would probably occur.

History: Section 352: substituted, on 25 June 1999, by section 5 of the Maritime Transport Amendment Act 1998 (1998 No 53).