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Contract and Commercial Law Act 2017

Other commercial matters - Carriage of goods - Proceedings against carriers

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

You could also call this:

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

If your goods are damaged or partly lost while a carrier is responsible for them, you have a limited time to take legal action. You must start any legal proceedings within 12 months. This 12-month period starts from the day you tell the carrier about the problem, or if you didn’t tell them, from the day the carrier’s responsibility for your goods ended.

There’s an exception to this rule. If the carrier did something fraudulent, you’re not limited by this 12-month period.

The day when this 12-month period starts is important for other rules about taking legal action against carriers. These other rules are explained in another part of the law.

Remember, there are more details about this in other parts of the law. It’s always a good idea to check all the rules that might apply to your situation.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6844601.

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Business > Fair trading Business > Industry rules Money and consumer rights > Consumer protection
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278: Limitation on proceedings against carriers for loss of goods, or

"You must act quickly if a carrier loses your stuff"

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280: Proceeding may be brought after limitation period with carrier’s consent or leave of court, or

"You can still sue a carrier after the time limit if they agree or if the court says it's okay"

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

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

  1. No proceeding may be brought against a carrier for damage to or partial 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—

  2. the date on which notice is served on the carrier under section 274 or 275; or
    1. if, under section 276(a), no notice is served, the date on which the contracting carrier’s responsibility for the goods ends under section 258.

      1. The date referred to in subsection (1)(a) or (b) is 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 section 280.

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