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Contract and Commercial Law Act 2017

Other commercial matters - Carriage of goods - Rights of carriers

291: Disposal of dangerous goods

You could also call this:

“What to do if goods become dangerous during transport”

If you’re carrying goods for someone, you need to know about a special rule. This rule lets you get rid of dangerous goods quickly if you need to. Here’s how it works:

When you’re carrying goods, you might notice that they are becoming dangerous or are about to become dangerous. If you think these goods might hurt people or damage things, you can destroy them or get rid of them in another way. You can do this even if it goes against other rules about carrying goods.

You don’t need to wait or ask for permission. If you really believe the goods are dangerous, you can act right away to keep everyone safe.

If you do have to destroy or get rid of dangerous goods, you can ask the person who hired you to pay for it. They will need to pay you back for any reasonable costs you had when getting rid of the goods.

Remember, this rule is there to help keep everyone safe when goods become unexpectedly dangerous during transport.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6844620.

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Transport and travel > Driving Business > Industry rules Business > Fair trading Money and consumer rights > Consumer protection
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"When goods can go bad, you can sell or throw them away"

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292: Liability of carrier extinguished in respect of sale or disposal of goods, or

"Carrier not responsible when goods are sold or disposed of"

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

291Disposal of dangerous goods

  1. This section applies if, at any time while any goods are subject to a contract of carriage (including any time while the goods are held under sections 285 to 289), the carrier believes on reasonable grounds that—

  2. the goods are in, or are about to enter, a dangerous state; and
    1. it is necessary to promptly destroy or otherwise dispose of the goods in order to avoid the threat of harm to any persons or property.

      1. The carrier may promptly destroy or otherwise dispose of the goods.

      2. Subsection (2) applies despite any of the other provisions of this subpart.

      3. The reasonable expenses incurred by the carrier in destroying or otherwise disposing of the goods are recoverable by the carrier as a debt due from the contracting party.

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