Maritime Transport (Maximum Amounts of Liability for Pollution Damage) Order 2003

Reprint
as at 19 September 2003

Crest

Maritime Transport (Maximum Amounts of Liability for Pollution Damage) Order 2003

(SR 2003/260)

Silvia Cartwright, Governor-General

Order in Council

At Wellington this 15th day of September 2003

Present:
The Right Hon Helen Clark presiding in Council


Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

This order is administered by the Ministry of Transport.


Pursuant to section 347(2) and 373(1) of the Maritime Transport Act 1994, Her Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following order.

Order

1 Title
  • This order is the Maritime Transport (Maximum Amounts of Liability for Pollution Damage) Order 2003.

2 Commencement
  • This order comes into force on 1 November 2003.

3 Interpretation
4 Maximum amount of liability of shipowners for pollution damage
  • The maximum amount that an owner of a ship is liable for in the circumstances specified in section 347 of the Act is,—

    • (a) for a ship not exceeding 5 000 units of tonnage, 4.51 million units of account:

    • (b) for a ship exceeding 5 000 units of tonnage, 4.51 million units of account plus 631 units of account for each additional unit of tonnage, up to a maximum aggregate of 89.77 million units of account.

5 Maximum amount of liability of International Oil Pollution Fund
  • (1) The maximum amount for which the International Oil Pollution Fund is liable for pollution damage under section 372 of the Act is,—

    • (a) where the pollution damage resulted from a natural phenomenon of an exceptional, inevitable, and irresistible character, the amount of—

      • (i) 203 million units of account; or

      • (ii) if subclause (2) applies, 300.74 million units of account:

    • (b) where no liability arises because of the provisions of section 348 of the Act giving effect to the Civil Liability Convention, the amount of—

      • (i) 203 million units of account; or

      • (ii) if subclause (2) applies, 300.74 million units of account:

    • (c) where liability has been incurred under section 345 of the Act by the owner of a CLC ship,—

      • (i) 203 million units of account; or

      • (ii) if subclause (2) applies, 300.74 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 of the Act.

    (2) This subclause applies if, when the liability arises, there are 3 States that are parties to the Fund Convention in respect of which the aggregate quantity of contributing oil (within the meaning of the Fund Convention) received by persons in the territories of those States during the calendar year immediately preceding the calendar year in which the liability arises equals or exceeds 600 million tonnes.

Diane Morcom,
for Clerk of the Executive Council.


Explanatory note

This note is not part of the order, but is intended to indicate its general effect.

This order, which comes into force on 1 November 2003, increases the maximum amounts of liability for pollution damage set in sections 347 and 373 of the Maritime Transport Act 1994.


Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 18 September 2003.


Contents

  • 1General

  • 2Status of reprints

  • 3How reprints are prepared

  • 4Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • 5List of amendments incorporated in this reprint (most recent first)


Notes
1 General
  • This is a reprint of the Maritime Transport (Maximum Amounts of Liability for Pollution Damage) Order 2003. The reprint incorporates all the amendments to the order as at 19 September 2003, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that have yet to come into force or that contain relevant transitional or savings provisions are also included, after the principal enactment, in chronological order.

2 Status of reprints
  • Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

    This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared
  • A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989
  • Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

    A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

    In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:

    • omission of unnecessary referential words (such as of this section and of this Act)

    • typeface and type size (Times Roman, generally in 11.5 point)

    • layout of provisions, including:

      • indentation

      • position of section headings (eg, the number and heading now appear above the section)

    • format of definitions (eg, the defined term now appears in bold type, without quotation marks)

    • format of dates (eg, a date formerly expressed as the 1st day of January 1999 is now expressed as 1 January 1999)

    • position of the date of assent (it now appears on the front page of each Act)

    • punctuation (eg, colons are not used after definitions)

    • Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly

    • case and appearance of letters and words, including:

      • format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)

      • small capital letters in section and subsection references are now capital letters

    • schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly

    • running heads (the information that appears at the top of each page)

    • format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)