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Contract and Commercial Law Act 2017

Other commercial matters - Carriage of goods - Proceedings against carriers

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

You could also call this:

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

You can’t start legal action against a carrier who actually transported goods if they were damaged or partly lost while that carrier was responsible for them, unless you tell them about it quickly. Here’s what you need to know:

If someone makes a claim against you about damaged or lost goods, you have to let the carrier who actually transported the goods know about this claim. You must do this within 10 days of finding out about the claim yourself.

There are some exceptions to this rule. The law allows for some changes to be made to this requirement in certain situations. You can find more information about these exceptions 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=DLM6844596.

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

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

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276: No notice required if carrier is or ought to be aware of damage or loss or in case of fraud, or

"No need to tell carriers about damage they should know about or if they're dishonest"

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

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

  1. No proceeding may be brought by a contracting carrier against an actual carrier for damage to or partial loss of goods that occurs while the actual carrier is responsible for the goods under this subpart unless the contracting carrier, within 10 days after receiving notice of a claim under section 274, notifies the actual carrier of that claim.

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

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