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Contract and Commercial Law Act 2017

Other commercial matters - Carriage of goods - Kinds of contract of carriage and effect on liability of parties

252: Requirements for contract for carriage on declared terms

You could also call this:

“Rules for making a special agreement when sending things”

When you want to make a contract for carrying things on declared terms, there are some special rules you need to follow. First, you and the other person must freely agree to the contract without being forced. Second, you need to write down the agreement. Third, both you and the other person (or someone acting for you) must sign the contract.

If there’s a disagreement about whether the contract was freely agreed to, a court will look at several things to decide. They’ll consider how much power each person had in the negotiation. They’ll also look at how you and the other person have dealt with each other before, both for this agreement and any others you’ve made. The court will think about how much money is involved in the deal. They’ll also consider if there’s anything unusual about the goods being carried or the route they’re taking. The court can also look at any other things they think are important.

Both you and the other person can show evidence about these things to help the court decide if the contract was freely agreed to.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6844554.

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251: Requirements for contract for carriage at declared value risk, or

"Rules for making a special shipping agreement with a set value"

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253: Difference between amounts charged must be fair and reasonable for contract at owner’s risk or declared value risk, or

"Fair pricing for different levels of protection when sending goods"

Part 5 Other commercial matters
Carriage of goods: Kinds of contract of carriage and effect on liability of parties

252Requirements for contract for carriage on declared terms

  1. A contract can be a contract for carriage on declared terms only if the contract—

  2. is freely negotiated between the parties; and
    1. is in writing; and
      1. is signed by the parties or their agents.

        1. If, in any proceeding, the question of whether a contract of carriage was or was not freely negotiated is in issue, the court in determining that question must have regard to the following matters:

        2. the respective bargaining strengths of the parties:
          1. the course of dealing between the parties in respect of the particular transaction in question, and any other transactions between them:
            1. the value of the transaction:
              1. any extraordinary features of the goods to be carried or the route over which the goods are to be carried:
                1. any other matters that the court considers may properly be taken into account.

                  1. Either party may bring evidence relating to any matter referred to in subsection (2).

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