Plain language law

New Zealand law explained for everyone

Contract and Commercial Law Act 2017

Sale of goods - Rights of unpaid seller against goods - Unpaid seller’s lien

176: Part delivery

You could also call this:

“Keeping some goods until you get paid for all of them”

If you sell goods but haven’t been paid for them, and you’ve only given some of the goods to the buyer, you can keep the rest of the goods until you get paid. This is called a right of lien or retention. However, if you gave part of the goods to the buyer in a way that shows you agreed to give up this right, then you can’t keep the remaining goods anymore. This rule is part of New Zealand law about selling things and not getting paid.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6844386.

Topics:
Business > Fair trading Money and consumer rights > Consumer protection
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175: Unpaid seller's lien, or

"Seller can keep goods until paid"

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177: When unpaid seller loses lien, or

"When a seller can no longer keep an item they haven't been paid for"

Part 3 Sale of goods
Rights of unpaid seller against goods: Unpaid seller’s lien

176Part delivery

  1. An unpaid seller of goods who has made part delivery of the goods may exercise the seller’s right of lien or retention on the remainder of the goods, unless the part delivery has been made under circumstances that show an agreement to waive the lien or right of retention.

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