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New Zealand law explained for everyone

Maritime Transport Act 1994

Carriage of goods by sea

210: Jurisdiction of New Zealand courts

You could also call this:

"New Zealand courts have power over certain agreements and disputes, no matter what you agree to."

If you make an agreement in New Zealand or somewhere else, it cannot stop New Zealand courts from having power over certain things. This includes documents related to carrying goods from New Zealand to another country or from another country to New Zealand. You can find more information about the types of documents in section 209(2).

If you have a dispute, you can still agree to sort it out through arbitration in New Zealand or another country. This means you can choose to have a neutral person make a decision instead of going to court. The rules about New Zealand courts having power do not affect your ability to make this choice.

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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