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Contract and Commercial Law Act 2017

Other commercial matters - Carriage of goods - Application and effect of subpart

244: Other remedies affected

You could also call this:

“Carriers have limited responsibility for lost or damaged goods”

You should know that there’s a rule about carriers and the goods they transport. A carrier is someone who moves things from one place to another. The rule says that carriers are not responsible for losing or damaging goods they are carrying, except in two situations.

The first situation is when the carrier follows the agreement they made to carry the goods and the rules in this part of the law. The second situation is when the carrier purposely causes the loss or damage to the goods.

This rule is important because it means that carriers are protected from being blamed in other ways, like being sued, for goods that are lost or damaged while they’re carrying them.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6844508.

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Part 5 Other commercial matters
Carriage of goods: Application and effect of subpart

244Other remedies affected

  1. Despite any rule of law to the contrary, a carrier is not liable in its capacity as a carrier, whether in tort or otherwise, and whether personally or vicariously, for the loss of or damage to any goods carried by the carrier except—

  2. in accordance with the terms of the contract of carriage and the provisions of this subpart; or
    1. where the carrier intentionally causes the loss or damage.

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