New Zealand Acts

MARITIME TRANSPORT ACT 1994 - SECT 94

94 Division of loss

1 Subject to the succeeding provisions of this section, where, by the fault of 2 or more ships, damage or loss is caused to 1 or more of them, or to their cargoes or freight, or to any other property on board, the liability to make good the damage or loss shall be in proportion to the degree to which each ship was at fault.

2 If, in any case to which subsection (1) applies, it is not possible to establish different degrees of fault, having regard to all the circumstances of the case, the liability shall be apportioned equally.

3 Nothing in this section shall—

a) render any ship liable for any loss or damage to which the fault of that ship has not contributed; or

b) affect the liability of any person under a contract of carriage, or any other contract; or

c) impose any liability upon any person from which that person is exempted by any contract or by any provision of law; or

d) affect the right of any person to limit that person’s liability in the manner provided by law.

Note: 1952 No 49 s 469 ; 1987 No 184 s 23