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Contract and Commercial Law Act 2017

Other commercial matters - Carriage of goods - Proceedings against carriers

278: Limitation on proceedings against carriers for loss of goods

You could also call this:

“You must act quickly if a carrier loses your stuff”

If you want to take legal action against a carrier because they lost your goods, you need to do it within 12 months from when they were supposed to deliver them. This time limit doesn’t apply if the carrier has been dishonest. There are two exceptions to this rule, which you can find in sections 279 and 280 of the law.

Remember, if the carrier tricks you, you might still be able to take action even after 12 months have passed. But in most cases, you need to act quickly if your goods are lost during transport.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6844599.

Topics:
Money and consumer rights > Consumer protection Business > Fair trading
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277: Non-notified proceeding may be brought with carrier’s consent or leave of court, or

"You can sue a carrier without giving notice if they agree or if the court allows it"

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279: Limitation on proceedings against carriers for damage to or partial loss of goods, or

"Time limit for suing carriers if your stuff is damaged or lost"

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

278Limitation on proceedings against carriers for loss of goods

  1. No proceeding may be brought against a carrier for the loss of any goods that occurs while the carrier is responsible for the goods under this subpart after the expiry of a period of 12 months from the date on which the carriage should have been completed in accordance with the contract (the relevant date for the purposes of section 280).

  2. Subsection (1) does not apply in the case of fraud by the carrier.

  3. This section is subject to sections 279 and 280.

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