Maritime Transport Amendment Act 2005

1: Title
1: This Act is the Maritime Transport Amendment Act 2005.
2: In this Act, the Maritime Transport Act 1994 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Claims subject to limitation of liability
Section 86(2)(a)(ii) damage with respect to CLC ships
4: Liability to the Crown and marine agencies for costs of cleaning up pollution
1: Section 344 subsection (1)
1: Subject to subsection (2), section 348, and Part 7
a: a harmful substance that is discharged or escapes, or any waste or other matter that is dumped, from that ship into the internal waters of New Zealand or into New Zealand marine waters or on to the beds below those internal or marine waters; or
b: a harmful substance, if that harmful substance poses a grave and imminent threat of being discharged or escaping from that ship into the internal waters of New Zealand or into New Zealand marine waters or on to the beds below those internal or marine waters.
2: Section 344 subsection (4)
4: For the purposes of subsection (1) dealing with
a: the removing, containing, and rendering harmless the harmful substance, or the waste or other matter, or doing any of those things; and
b: any reasonable measures taken to prevent or minimise the discharge or escape of a harmful substance.
5: New
section 345 The principal Act is amended by repealing section 345
345: Liability of shipowners for pollution damage
1: Subject to sections 347 and 348 and Part 7
a: all pollution damage in New Zealand or the internal waters of New Zealand or in New Zealand marine waters or on to the beds below those internal or marine waters caused by—
i: a harmful substance that is discharged or escapes from a ship; or
ii: any waste or other matter that is dumped from a ship; and
b: the costs reasonably incurred for any reasonable preventive measures taken by the Crown (or marine agency) to eliminate or reduce a grave and imminent threat that a harmful substance may be discharged or escape from that ship into the internal waters of New Zealand or into New Zealand marine waters or on to the beds below those internal or marine waters.
2: The recovery of costs by the Crown (or marine agency) under section 344(1) subsection (1) section 344(1)
6: Maximum amount of liability of shipowners for pollution damage
1: Section 347(1) paragraph (a)
a: a harmful substance is discharged or escapes, or any waste or other matter is dumped, or there is a grave and imminent threat of the discharge or escape of a harmful substance from a CLC ship; and .
2: Section 347(1)(b) owner of the CLC ship
3: Section 347
6: The liability limits applicable to the owner of a non-CLC ship are specified in Part 7
7: Defences to shipowner's liability for pollution damage
1: Section 348(1)
a: omitting the words in damages for pollution damage
b: omitting the words section 345 or section 346 of this Act section 344, section 345, or section 346
c: inserting, after the words discharge or escape , or the grave and imminent threat of the discharge or escape,
2: Section 348(2)
a: omitting the words section 345 or section 346 section 344, section 345, or section 346
b: omitting the words pollution damage suffered by that claimant discharge or escape, or the grave and imminent threat of the discharge or escape,
8: Proceedings against third parties in respect of pollution from ships
Section 350(1)
a: omitting the words in damages for pollution damage under under section 344
b: omitting the words for pollution damage
9: Liability to the Crown and marine agencies for costs of cleaning up pollution
1: Section 355 subsection (1)
1: Subject to section 358 and Part 7
a: a harmful substance that is discharged or escapes, or any waste or other matter that is dumped, from that marine operation or marine structure into the internal waters of New Zealand or into New Zealand continental waters or on to the beds below those internal or continental waters; or
b: a harmful substance, if that harmful substance poses a grave and imminent threat of being discharged or escaping from that marine operation or marine structure into the internal waters of New Zealand or into New Zealand continental waters or on to the beds below those internal or continental waters.
2: Section 355 subsection (3)
3: For the purposes of subsection (1) dealing with
a: removing, containing, and rendering harmless the harmful substance, or the waste or other matter, or doing any of those things; and
b: any reasonable measures taken to prevent or minimise the discharge or escape of a harmful substance.
10: New
section 356 The principal Act is amended by repealing section 356
356: Liability for pollution damage from marine operations and structures
1: Subject to sections 357 and 358 and Part 7
a: all pollution damage in New Zealand or the internal waters of New Zealand or New Zealand continental waters or the beds below those internal or continental waters caused by—
i: a harmful substance that is discharged or escapes from that operation or structure; or
ii: any waste or other matter that is dumped from that operation or structure; and
b: the costs reasonably incurred for any reasonable preventive measures taken by the Crown (or marine agency) to eliminate or reduce a grave and imminent threat that a harmful substance may be discharged or escape from that operation or structure into the internal waters of New Zealand or into New Zealand continental waters or on to the beds below those internal or continental waters.
2: The recovery of costs by the Crown (or marine agency) under section 355(1) subsection (1) section 355(1)
11: Defences in respect of liability for pollution damage from marine structures and operations
1: Section 358(1)
a: omitting the words in damages for pollution damage
b: omitting the words section 356 or section 357 section 355, section 356, or section 357
c: omitting the words , escape, or escape, or the grave and imminent threat of the discharge or escape,
2: Section 358(2)
a: omitting the words in damages
b: omitting the words section 356 or section 357 of this Act section 355, section 356, or section 357
c: omitting the words pollution damage suffered by that claimant discharge or escape, or the grave and imminent threat of the discharge or escape