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Contract and Commercial Law Act 2017

Other commercial matters - Carriage of goods - Rights of carriers

283: Right to sue for freight

You could also call this:

“Carriers can ask for payment after delivering goods”

You have the right to ask for payment for carrying goods. This right starts at different times depending on whether you are the main carrier or someone helping with the delivery.

If you are the main carrier, you can ask for payment when you are no longer responsible for the goods. This happens at the time mentioned in section 258.

If you are helping with the delivery, you can ask for payment when you are no longer responsible for the goods. This happens at the time mentioned in section 264(2).

Even though you can ask for payment at these times, you can still choose not to carry goods unless you are paid first.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6844608.

Topics:
Business > Industry rules Business > Fair trading Money and consumer rights > Consumer protection
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282: Contracting out permitted on rights of carriers, or

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

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284: Proceeding for recovery of freight, or

"You might have to pay for shipping goods you own, even if you didn't order them"

Part 5 Other commercial matters
Carriage of goods: Rights of carriers

283Right to sue for freight

  1. The right to sue for the recovery of freight payable under a contract of carriage arises,—

  2. in the case of a contracting carrier, when the contracting carrier ceases to be responsible for the goods in accordance with section 258:
    1. in the case of an actual carrier, when the actual carrier ceases to be separately responsible for the goods in accordance with section 264(2).

      1. Nothing in subsection (1) limits or affects the right of a carrier to refuse to accept any goods for carriage unless the freight is prepaid.

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