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New Zealand law explained for everyone

Contract and Commercial Law Act 2017

Other commercial matters - Carriage of goods - Liability of carriers for baggage

268: Special rules relating to liability of carrier in respect of baggage

You could also call this:

“Rules about how carriers look after your bags during travel”

When you leave your bags with a carrier, like an airline or bus company, there are some special rules about their responsibility for your belongings. If you leave your bags with them before they’ve agreed to carry them, or after your trip is over and you haven’t picked them up yet, the carrier isn’t responsible for them.

The rules about carrying goods also apply to your baggage, whether it’s the bags you check in or the ones you carry with you. However, for the bags you carry with you, only a few of these rules apply. These include rules about international travel and limits on how much the carrier has to pay if something goes wrong.

Remember, these rules are part of New Zealand law and are meant to help you understand your rights and the carrier’s responsibilities when it comes to your luggage.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6844581.

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269: Other rules relating to hand baggage, or

"Rules for when your hand luggage gets lost or damaged during a trip"

Part 5 Other commercial matters
Carriage of goods: Liability of carriers for baggage

268Special rules relating to liability of carrier in respect of baggage

  1. A carrier is not liable in its capacity as a carrier with respect to baggage that is left in the carrier’s custody—

  2. pending the carrier’s acceptance of it for carriage; or
    1. pending its collection from the carrier after the completion of the carriage.

      1. This subpart applies to the carriage of hand baggage and checked baggage, with all necessary modifications, as if that carriage were or were to be performed under a contract of carriage of goods.

      2. However, nothing in any of sections 248 to 267, 270, and 271 applies to the carriage of hand baggage other than—

      3. sections 257(2) and 258(2), which relate to the international carriage of goods; and
        1. sections 259 and 260, which limit carriers’ liability.

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