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Contract and Commercial Law Act 2017

Other commercial matters - Carriage of goods - Limits on carrier liability for contracts of carriage at limited carrier’s risk or declared value risk

260: Carrier not liable in certain circumstances

You could also call this:

“When a carrier might not be responsible for lost or damaged goods”

When you agree to have something carried at limited carrier’s risk or declared value risk, the carrier might not be responsible if your goods are lost or damaged in certain situations. This rule doesn’t apply if you’ve agreed to owner’s risk or declared terms.

The carrier won’t be held responsible if they can prove the loss or damage happened because of:

  1. Something naturally wrong with the goods themselves.
  2. You not following the rules about how to pack or label your goods properly.
  3. The goods being taken away by legal authorities.
  4. The carrier trying to save someone’s life or property that was in danger.

Even if other rules say something different, this rule still applies.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6844567.

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259: Carrier’s liability limited to $2,000 for each unit of goods or to declared value, or

"Carriers usually pay up to $2,000 if they lose or break your stuff during transport"

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261: Application of provisions on liability of actual carrier to contracting carrier, or

"Rules for when a carrier uses other carriers to move your goods"

Part 5 Other commercial matters
Carriage of goods: Limits on carrier liability for contracts of carriage at limited carrier’s risk or declared value risk

260Carrier not liable in certain circumstances

  1. This section applies to contracts for carriage at limited carrier’s risk and to contracts for carriage at declared value risk, but not to contracts for carriage at owner’s risk or contracts for carriage on declared terms.

  2. A carrier is not liable for the loss of or damage to goods that occurs while the carrier is responsible for the goods under a contract of carriage to the extent that the carrier proves that the loss or damage resulted directly and without fault on the carrier’s part from—

  3. inherent vice; or
    1. any breach of either of the terms implied in the contract by section 273; or
      1. seizure under legal process; or
        1. saving or attempting to save life or property in peril.

          1. This section applies despite any of the other provisions of this subpart.

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