Plain language law

New Zealand law explained for everyone

Contract and Commercial Law Act 2017

Other commercial matters - Carriage of goods - Proceedings against carriers

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

You could also call this:

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

You can still take legal action against a carrier even if the usual time limit has passed. This can happen in two ways:

  1. The carrier can agree to let you bring a case against them.

  2. If the carrier doesn’t agree, you can ask the court for permission. You need to do this within 6 years of when the time limit started.

When you ask the court for permission, they will think about whether it’s fair to let you bring the case. They will look at two main things:

  1. Why you were late in bringing the case. It might be because you made a mistake about the facts or the law, or for another good reason.

  2. Whether the delay would make it too hard for the carrier to defend themselves.

If the court decides to let you bring the case, they might set some rules about how you do it.

Remember, the court will only let you bring the case if they think it’s the right thing to do.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6844603.

Topics:
Money and consumer rights > Consumer protection Business > Fair trading Business > Industry rules
Previous

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"

Next

281: Proceeding by consignee if not contracting party, or

"You can take action if goods you now own are damaged during delivery, even if you didn't make the original agreement"

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

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

  1. A carrier may consent to a proceeding being brought against the carrier even if the period specified in section 278 or 279 has expired.

  2. If the carrier does not consent, an application may be made to the court, after notice to the carrier, for leave to bring the proceeding.

  3. The application must be made within 6 years after the relevant date referred to in section 278 or 279.

  4. On an application being made to it, the court may, if it thinks it just to do so, grant leave to bring the proceeding against the carrier if it considers that—

  5. the delay in bringing the proceeding was caused by mistake of fact or by mistake of any matter of law (other than the provisions of section 278 or 279 or this section) or by any other reasonable cause; and
    1. the intended defendant was not materially prejudiced in that person’s defence or otherwise by the delay.

      1. Leave may be granted on the terms and conditions that the court thinks fit.

      Compare