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New Zealand law explained for everyone

Contract and Commercial Law Act 2017

Other commercial matters - Carriage of goods - Overview

241: Overview

You could also call this:

“This part explains the rules for companies that move things around New Zealand”

This part of the law talks about how carriers (like trucking companies) are responsible for goods they carry within New Zealand. Here’s what you need to know:

The law covers different parts of carrying goods:

It explains when this law applies and when people can make their own agreements outside of it.

It sets up rules for how much carriers might have to pay if something goes wrong with the goods. Usually, there’s a limit to how much they have to pay.

The law also says when a carrier becomes responsible for the goods and when they stop being responsible.

There are special rules for when one carrier hires another carrier to help move the goods.

When you give goods to a carrier, you’re promising that the goods are in good condition and okay to be carried and stored.

If something goes wrong, you have 12 months to tell the carrier about it and ask for money.

Carriers can also ask for their payment and can sometimes keep the goods if they’re not paid.

Remember, this is just a simple explanation. The real law has more details that might be important in specific situations.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6844496.

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"Temporary rule changes are gone from the law"

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242: This subpart applies to carriage of goods by carrier under contract, or

"This part explains when the rules apply to someone moving your stuff"

Part 5 Other commercial matters
Carriage of goods: Overview

241Overview

  1. This subpart provides for the liability of carriers for the loss of or damage to goods carried within New Zealand as follows:

  2. sections 242 to 247 determine that the subpart governs liability in relation to the domestic carriage of goods (other than postal services and other specified exceptions), contain definitions, and determine when contracting out is permitted:
    1. sections 248 to 260 set the core principles for that liability by—
      1. dividing contracts of carriage of goods into 4 kinds of contract for liability purposes (with the default position being that carriers have limited liability up to a statutory cap):
        1. determining when a carrier is responsible for goods for liability purposes:
          1. setting statutory caps and exclusions from liability:
          2. sections 261 to 273 set out additional rules for the liability of carriers, including—
            1. providing for the liability of actual carriers to contracting carriers and how that liability is apportioned between actual carriers (see sections 261 to 265):
              1. implying into every contract of carriage a statutory warranty by contracting parties as to the condition of the goods, including that the goods are fit to be carried and stored in accordance with the contract (see section 273):
              2. sections 274 to 281 set notice requirements, and a 12-month limitation period, for bringing proceedings against carriers:
                1. sections 282 to 292 provide for the rights of carriers to sue to recover amounts of freight payable and exercise liens over goods:
                  1. sections 293 to 295 contain miscellaneous provisions.

                    1. This section is only a guide to the general scheme and effect of this subpart.