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Contract and Commercial Law Act 2017

Other commercial matters - Carriage of goods - Proceedings against carriers

274: Notice of claim against contracting carrier must be given within 30 days

You could also call this:

“You must tell the carrier within 30 days if your stuff is damaged or missing”

You need to tell the carrier in writing if your goods are damaged or partly lost while they’re responsible for them. You must do this within 30 days after the carrier stops being responsible for your goods. In your notice, you need to explain what happened to your goods. If more than one carrier handled your goods, you should tell the last carrier who had them, as well as the carrier you made the agreement with. If you’re receiving the goods and don’t know who you made the agreement with, you only need to tell the last carrier. There are some cases where these rules might be different, which are explained in other parts of the law.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6844595.

Topics:
Money and consumer rights > Consumer protection Business > Fair trading
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273: Contracting party to warrant condition of goods and compliance with enactments, or

"Sender promises goods are safe and legal to send"

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275: Notice of claim against actual carrier must be given within 10 days, or

"Tell the carrier quickly if someone claims their goods were damaged or lost"

Part 5 Other commercial matters
Carriage of goods: Proceedings against carriers

274Notice of claim against contracting carrier must be given within 30 days

  1. No proceeding may be brought against a contracting carrier for damage to or partial loss of goods that occurs while the contracting carrier is responsible for the goods under this subpart unless written notice is given in accordance with this section.

  2. The notice must—

  3. give reasonable particulars of the alleged damage or partial loss; and
    1. be given within 30 days after the date on which, in accordance with section 258, the carrier’s responsibility for the goods ends; and
      1. be given to the contracting carrier or (if the contract was not performed entirely by the contracting carrier) to—
        1. the actual carrier or, as the case may require, the last actual carrier; and
          1. the contracting carrier, unless (where notice of the claim is to be given by the consignee) the consignee does not know the identity of the contracting carrier.

          2. This section is subject to section 245 (which permits contracting out for some matters) and sections 276 and 277.

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