Marine Insurance Act 1908

Reprint as at 1 July 2013

Coat of Arms of New Zealand

Marine Insurance Act 1908

Public Act
1908 No 112
Date of assent
4 August 1908
4 August 1908

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Ministry of Business, Innovation, and Employment.


1Short Title
2Interpretation of terms
3Marine insurance defined
4Marine adventure and maritime perils defined
5Avoidance of wagering or gaming contracts
6Insurable interest defined
7When interest must attach
8Defeasible or contingent interest
9Partial interest
12Master’s and seamen’s wages
13Advance freight
14Charges of insurance
15Quantum of interest
16Assignment of interest
17Measure of insurable value
18Disclosure by assured
19Disclosure by agent effecting insurance
20Representations pending negotiation of contract
21When contract is deemed to be concluded
22Contract must be embodied in policy [Repealed]
23What policy must specify
24Signature of insurer
25Designation of subject matter
26Failure to execute policy
27Voyage and time policies
28Valued policy
29Unvalued policy
30Floating policy by ship or ships
31Premium to be arranged
32Construction of terms in policy
33Double insurance
34Nature of warranty
35When breach of warranty excused
36Express warranties
37Warranty of neutrality
38No implied warranty of nationality
39Warranty of good safety
40Warranty of seaworthiness of ship
41No implied warranty that goods are seaworthy
42Warranty of legality
43Implied condition as to commencement of risk
44Alteration of port of departure
45Sailing for different destination
46Change of voyage
48Several ports of discharge
49Delay in voyage
50Excuses for deviation or delay
51When and how policy is assignable
52Assured who has no interest cannot assign
53Policy effected through broker
54Effect of receipt on policy
55Included and excluded losses
56Partial and total loss
57Actual total loss
58Missing ship
59Effect of transhipment, etc
60Constructive total loss defined
61Effect of constructive total loss
62Notice of abandonment
63Effect of abandonment
64Particular average loss
65Salvage charges
66General average loss
67Extent of liability of insurer for loss
68Total loss
69Partial loss of ship
70Partial loss of freight
71Partial loss of goods, merchandise, etc
72Apportionment of valuation
73General average contributions and salvage charges
74Liabilities to third parties
75General provisions as to measure of indemnity
76Particular average warranties
77Successive losses
78Suing and labouring clause
79Right of subrogation
80Right of contribution
81Effect of under-insurance
82Enforcement of return
83Return by agreement
84Return for failure of consideration
85Modification of Act in case of mutual insurance
86Ratification by assured
87Implied obligations varied by agreement or usage
88Reasonable time, etc, a question of fact
89Rules of common law, if not inconsistent, to apply
90Slip as evidence [Repealed]
Reprint notes

An Act to consolidate certain enactments of the General Assembly relating to marine insurance