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New Zealand law explained for everyone

Contract and Commercial Law Act 2017

Other commercial matters - Carriage of goods - Rights of carriers

285: Carrier’s lien

You could also call this:

“Carrier can keep your stuff until you pay for transport”

When a carrier transports goods for you, they have the right to keep those goods until you pay them. This right is called a lien. The carrier can use this lien from the time they are allowed to ask you for payment.

The carrier can use their lien in specific ways described in sections 286 to 288 of the law. However, this doesn’t change any other rights the carrier might have to keep your goods for other reasons, if that’s part of your agreement with them.

In this part of the law, “owner” means the person who the carrier can ask to pay for transporting the goods. “Recoverable expenses” means all the costs that the carrier is allowed to get back from the owner when they use their right to keep the goods.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6844610.

Topics:
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"Carrier must tell owner if keeping goods for unpaid money"

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

285Carrier’s lien

  1. The carrier is entitled to an active and particular lien over the goods from the time when, under section 283(1), a carrier’s right to sue for the recovery of freight arises.

  2. The lien may be exercised in accordance with sections 286 to 288.

  3. Nothing in this section or in sections 286 to 288 limits or affects the right to have and enforce a general lien over any goods to which a carrier may be entitled by virtue of any provision expressed or implied in the contract of carriage.

  4. In this section and sections 286 to 288,—

    owner, in relation to any goods, means the person whom, under any contract of carriage or under section 284, the carrier may sue for recovery of freight due in respect of the carriage of those goods

      recoverable expenses means all expenses and charges that the carrier, under section 288(2)(b), may recover from the owner of any goods in respect of which the carrier is exercising or has exercised a lien under this section or any of sections 286 to 288.

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