246Interpretation

1. In this subpart, unless the context otherwise requires,—

   actual carrier,—

   1. in relation to the carriage of any goods, means every carrier who, at any material time, is or was in possession of the following for the purpose of performing the carriage, any stage of the carriage, or any incidental service:
      1. the goods; or
      2. any container, package, pallet, item of baggage, or any other thing in or on which the goods are or were believed by the carrier to be; and
   2. includes the contracting carrier if that person performs any part of the carriage

   carriage includes any incidental service

   carrier—

   1. means a person who, in the ordinary course of the person’s business, carries or procures to be carried goods that are owned by any other person (whether or not the carriage is incidental to the carriage of passengers); and
   2. except in sections 283 to 289, includes a person who, in the ordinary course of the person’s business, performs or procures to be performed any incidental service in respect of any of those goods

   checked baggage means baggage, personal effects, or other articles, checked or registered with the carrier, put in any place at the carrier's direction, or in any other way handed over to and accepted by the carrier (whether or not a receipt is issued) as baggage intended to be carried incidental to a contract for carriage of a passenger

   contract of carriage means a contract for the carriage of goods

   contracting carrier, in relation to a contract of carriage, means the carrier who, whether as a principal or as the agent of any other carrier, enters or has entered into the contract with the contracting party

   contracting party, in relation to a contract of carriage, means the consignor or (as the case may require) the consignee of the goods who enters or has entered into the contract with the contracting carrier

   court means any court of competent jurisdiction

   goods—

   1. means goods, baggage, and chattels of any description; and
   2. includes—
      1. animals and plants; and
      2. money, documents, and all other things of value

   hand baggage means baggage, personal effects, or other articles, but excludes checked baggage

   incidental service, in relation to any goods, means a service performed, or to be performed, to facilitate the carriage of the goods under a contract of carriage (for example, services performed by consolidators, packers, stevedores, and warehouse workers)

   international carriage,—

   1. in relation to the carriage of goods by air, means carriage in which, according to the contract of carriage and whether or not there is a break in the carriage or a transhipment,—
      1. the place of departure is in the territory of one country and the place of destination is in the territory of another country; or
      2. the place of departure and the place of destination are both within the territory of a single country but there is an agreed stopping place within the territory of another country:
   2. in relation to the carriage of goods by sea, means carriage from any port in New Zealand to any port outside New Zealand, or to any port in New Zealand from any port outside New Zealand, commencing when the goods are loaded onto a ship and ending when they are discharged from a ship

   loss, in relation to any goods, includes the non-delivery or destruction of the goods

   passenger means a person carried under a contract of carriage of that person

   ship means any vessel used for the carriage of goods by sea.

Compare

• s 2