New Zealand Acts

MARITIME TRANSPORT ACT 1994 - SECT 373

373 Maximum amount of liability of International Oil Pollution Fund and Supplementary Fund

1 The maximum amount for which the International Oil Pollution Fund is liable for pollution damage under section 372(1) must be fixed by Order in Council and, until that maximum amount is fixed, is,—

a) where the pollution damage resulted from a natural phenomenon of an exceptional, inevitable, and irresistible character, the amount of 135 million units of account:

b) where no liability arises because of the provisions of section 348 giving effect to the Civil Liability Convention, the amount of 135 million units of account:

c) where liability has been incurred under section 345 by the owner of a CLC ship, 135 million units of account, less the amount of compensation actually paid by the owner, or the owner’s insurer, or by both pursuant to a direction of the court under section 351 .

1A The maximum amount for which the Supplementary Fund is liable for pollution damage under section 372(2) must be fixed by Order in Council and, until that maximum amount is fixed, is the amount of 750 million units of account less any amount paid by the International Oil Pollution Fund under section 372(1).

2 A maximum amount of liability fixed by this section applies to the total liability incurred on each distinct occasion, and applies in respect of each distinct occasion without regard to any liability incurred on another occasion.

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

Note: 1974 No 14 s 49(6)–(8)

History: Section 373 heading: amended, on 15 June 2018, by section 16(1) of the Maritime Transport Amendment Act 2017 (2017 No 48).   Section 373(1): amended, on 15 June 2018, by section 16(2) of the Maritime Transport Amendment Act 2017 (2017 No 48).     Section 373(1)(a): amended, on 25 June 1999, by section 10(1) of the Maritime Transport Amendment Act 1998 (1998 No 53).     Section 373(1)(b): amended, on 25 June 1999, by section 10(1) of the Maritime Transport Amendment Act 1998 (1998 No 53).     Section 373(1)(c): substituted, on 25 June 1999, by section 10(2) of the Maritime Transport Amendment Act 1998 (1998 No 53).     Section 373(1A): inserted, on 15 June 2018, by section 16(3) of the Maritime Transport Amendment Act 2017 (2017 No 48).     Section 373(2): amended, on 15 June 2018, by section 16(4)(a) of the Maritime Transport Amendment Act 2017 (2017 No 48).     Section 373(2): amended, on 15 June 2018, by section 16(4)(b) of the Maritime Transport Amendment Act 2017 (2017 No 48).     Section 373(2): amended, on 15 June 2018, by section 16(4)(c) of the Maritime Transport Amendment Act 2017 (2017 No 48).     Section 373(3): inserted, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).