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Contract and Commercial Law Act 2017

Other commercial matters - Carriage of goods - Miscellaneous provisions

294: Proceedings against New Zealand agents of overseas carriers

You could also call this:

“Taking legal action against NZ agents for overseas shipping companies”

If you have a contract with an overseas carrier and that contract is carried out fully or partly in New Zealand, you can take legal action against the New Zealand agent of that carrier. This is possible if the agent has some involvement in the contract. The agent can be someone who acts on general instructions or special orders from the overseas carrier. This rule allows you to deal with a local representative instead of trying to take action against a company based in another country.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6844624.

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Part 5 Other commercial matters
Carriage of goods: Miscellaneous provisions

294Proceedings against New Zealand agents of overseas carriers

  1. A proceeding arising out of a contract of carriage may be brought in accordance with the provisions of this subpart against a New Zealand agent, whether acting under general or special authority, of an overseas contracting carrier if—

  2. the contract is or is to be performed wholly or partly in New Zealand; and
    1. the agent plays some part in relation to the contract.

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