Plain language law

New Zealand law explained for everyone

Contract and Commercial Law Act 2017

Other commercial matters - Carriage of goods - Proceedings against carriers

281: Proceeding by consignee if not contracting party

You could also call this:

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

If you receive goods that have been damaged or lost while being transported, you may be able to take legal action against the carrier even if you didn’t make the original agreement with them. This is possible if you now own the goods and you weren’t the person who made the original agreement.

When you take this legal action, you’ll be treated as if you were the person who made the original agreement. This means you can sue and get compensation based on that agreement. However, the carrier can defend themselves or make claims against you in the same way they would have if the original person who made the agreement had taken legal action.

This rule applies even if other parts of the law or other legal rules say something different.

In this context, ‘property’ means the same thing as it does in section 119 of the law.

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 It might be out of date or be missing some parts.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=DLM6844604.

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

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"

Next

282: Contracting out permitted on rights of carriers, or

"You can change some rules about carrying goods if both sides agree"

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

281Proceeding by consignee if not contracting party

  1. A proceeding against a contracting carrier in respect of the loss of or damage to any goods that occurs while the carrier is responsible for the goods in accordance with section 256 may, if the property in the goods has passed to the consignee and the consignee is not the contracting party, be brought by the consignee.

  2. Subsection (1) applies despite anything in this subpart or any rule of law to the contrary.

  3. If the consignee brings a proceeding in accordance with subsection (1),—

  4. the consignee must be treated as the contracting party and may sue and recover under the contract accordingly:
    1. the contracting carrier may raise the same defences and make the same counterclaims as the contracting carrier would have been entitled to raise or make if the proceeding had been brought against the contracting carrier by the contracting party.

      1. In this section, property has the same meaning as in section 119.

      Compare