New Zealand Acts

MARITIME TRANSPORT ACT 1994 - SECT 381

381 Notice to and joining of International Oil Pollution Fund and Supplementary Fund in certain proceedings

1 In proceedings brought in a court against the owner of a CLC ship, or the owner’s insurer, to enforce a claim in respect of any liability incurred under section 372 ,—

a) either party to the proceedings may serve a notice on the International Oil Pollution Fund or on the Supplementary Fund; and

b) either party may join the fund served in the action; and

c) the fund served may apply to the court to be joined in the action.

2 A notice served under subsection (1)(a) must—

a) give sufficient details of the cause of action to allow the fund served to decide whether to apply to be joined in the action; and

b) specify a period of 30 days, or a lesser period ordered by the court, for the fund served to apply to be joined in the action.

3 If the fund served applies to be joined in the action, the court must join the fund in the proceedings.

4 If a fund has been served under subsection (1)(a) but has not been joined in the proceedings, the judgment of the court is final and binding on the fund to the extent that the fund may not challenge the findings of the court in any proceedings relating to the same cause of action.

History: Section 381: replaced, on 15 June 2018, by section 23 of the Maritime Transport Amendment Act 2017 (2017 No 48).