Maritime Transport Act 1994

Carriage of goods by sea

210: Jurisdiction of New Zealand courts

You could also call this:

"New Zealand courts can still help with problems about goods sent to or from New Zealand."

Illustration for Maritime Transport Act 1994

You cannot agree to stop New Zealand courts from dealing with problems about carrying goods to or from New Zealand. This applies to documents like bills of lading for goods sent from New Zealand to another country or from another country to New Zealand. It also applies to certain non-negotiable documents, like those mentioned in section 209(2). You can still agree to sort out disputes through arbitration in New Zealand or another country. This means you can choose to resolve problems outside of court. New Zealand courts will still have the power to deal with certain issues, even if you agree to arbitration.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM336931.

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Part 16Carriage of goods by sea

210Jurisdiction of New Zealand courts

  1. An agreement, whether made in New Zealand or elsewhere, has no effect to the extent that it purports to—

  2. preclude or limit the jurisdiction of the courts of New Zealand in respect of—
    1. a bill of lading or a similar document of title, relating to the carriage of goods from any place in New Zealand to any place outside New Zealand; or
      1. a non-negotiable document of a kind mentioned in section 209(2) relating to such a carriage of goods; or
      2. preclude or limit the jurisdiction of the courts of New Zealand in respect of—
        1. a bill of lading, or a similar document of title, relating to the carriage of goods from any place outside New Zealand to any place in New Zealand; or
          1. a non-negotiable document of a kind mentioned in section 209(2) relating to such a carriage of goods.
          2. Nothing in this section shall be construed as limiting or affecting any stipulation or agreement to submit any dispute to arbitration in New Zealand or any other country.

          Compare
          • 1940 No 31 s 11A
          • 1968 No 17 s 3
          • 1985 No 97 s 2