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Contract and Commercial Law Act 2017

Other commercial matters - Carriage of goods - Liability of actual carrier to contracting carrier

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

You could also call this:

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

When you agree to have your goods carried, sometimes the person or company you make the agreement with (called the contracting carrier) might use other people or companies (called actual carriers) to do some or all of the carrying. Sections 262 to 265 of the law explain what happens in these situations.

These rules apply when one or more actual carriers do some or all of the carrying, even if the contracting carrier does part of it too. However, it’s important to know that there are other parts of the law that might change how these rules work. For example, section 245 allows the carrier and the person sending the goods to agree to different rules in some cases.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6844569.

Topics:
Business > Industry rules Transport and travel > Public transport
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260: Carrier not liable in certain circumstances, or

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

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262: Liability where 1 actual carrier is involved, or

"Who is responsible when goods are lost or damaged during shipping by one carrier"

Part 5 Other commercial matters
Carriage of goods: Liability of actual carrier to contracting carrier

261Application of provisions on liability of actual carrier to contracting carrier

  1. Sections 262 to 265 apply if a contract of carriage is to be or is performed wholly or partly by 1 or more actual carriers other than the contracting carrier (whether or not the contracting carrier performs part of the carriage).

  2. However, those sections are subject to the rest of this subpart (including section 245, which permits contracting out for some matters).

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