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Contract and Commercial Law Act 2017

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

265: Provisions relating to joint liability of actual carriers

You could also call this:

“Rules for sharing responsibility when multiple carriers are involved in a journey”

If you’re dealing with more than one actual carrier, they share responsibility for paying back the contracting carrier. The amount each actual carrier has to pay depends on how much they were paid for the part of the journey they did.

Here’s how you work out how much each carrier should pay:

If the contracting carrier did some of the journey themselves, their share is the difference between the total cost of the journey and what all the actual carriers were paid.

Sometimes, an actual carrier might hire another actual carrier to do part of the journey. In this case, the first actual carrier’s share is the difference between what they were paid and what they paid the second actual carrier.

This helps make sure that each carrier pays a fair amount based on how much of the journey they did and how much they were paid for it.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6844573.

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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"

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

265Provisions relating to joint liability of actual carriers

  1. For the purposes of section 263(1)(a), the actual carriers are liable in proportion to the amount of freight or other consideration that is payable to each of the actual carriers for the carriage performed by the actual carrier.

  2. For the purposes of this section,—

  3. if the contracting carrier performs any part of the carriage, the amount of freight or other consideration payable to the contracting carrier is the difference between the total amount payable under the contract of carriage and the aggregate amount payable to the actual carriers:
    1. if any actual carrier (A) performs any part of the carriage under a contract with any other actual carrier (B) (and not under a contract with the contracting carrier), the amount of freight or other consideration payable to B is the difference between the amount actually payable to B and the amount payable by B to A.

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