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Contract and Commercial Law Act 2017

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

263: Liability where more than 1 actual carrier is involved

You could also call this:

“Sharing responsibility when multiple carriers transport goods”

When more than one actual carrier is involved in transporting goods, they share responsibility in different ways. If something happens to the goods while multiple carriers are looking after them together, they are all responsible to the contracting carrier for any loss or damage. This means they have to work together to solve the problem.

If something happens to the goods when only one carrier is looking after them, that carrier alone is responsible to the contracting carrier for any loss or damage. This means they have to deal with the problem on their own.

These rules apply even if the loss or damage isn’t entirely the fault of the carriers. However, the specific agreements between the carriers and the contracting carrier can change how these rules work.

If a carrier can prove that the loss or damage didn’t happen while they were solely responsible for the goods, they won’t be held jointly responsible with the other carriers.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6844571.

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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"

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264: When actual carriers are jointly responsible or separately responsible for goods, or

"Who is responsible for goods when multiple carriers are involved in transporting them"

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

263Liability where more than 1 actual carrier is involved

  1. If more than 1 actual carrier is involved,—

  2. the actual carriers are jointly liable to the contracting carrier for the loss of or damage to any goods that occurs while the actual carriers are jointly responsible for the goods:
    1. each actual carrier is separately liable to the contracting carrier for the loss of or damage to any goods that occurs while the actual carrier is separately responsible for the goods.

      1. Subsection (1)(a) applies to the actual carriers—

      2. subject to the terms of their respective contracts with the contracting carrier:
        1. whether or not the loss or damage is caused wholly or partly by the actual carriers or any of them.

          1. Subsection (1)(b) applies to an actual carrier—

          2. subject to the terms of its contract with the contracting carrier:
            1. whether or not the loss or damage is caused wholly or partly by the actual carrier.

              1. An actual carrier is not liable under subsection (1)(a) if the actual carrier proves that the loss or damage did not occur while the actual carrier was separately responsible for the goods.

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