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Contract and Commercial Law Act 2017

Other commercial matters - Bills of lading, sea waybills, and ship’s delivery orders - Rights under shipping documents

314: Holder of bill of lading or person to whom delivery is to be made has rights under contract of carriage

You could also call this:

“Rights given to people who hold shipping documents or are to receive goods”

When you become the lawful holder of a bill of lading, or the person who will receive goods related to a sea waybill or ship’s delivery order, you get special rights. These rights allow you to take legal action under the contract of carriage, just as if you had been part of the original agreement. This means you can act to protect your interests regarding the goods being shipped, even if you weren’t involved in the initial shipping arrangement. However, there are some additional rules that apply to these rights, which are explained in other parts of the law.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6844687.

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"What happens when stuff mentioned in a document is lost or mixed up"

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315: Rights where possession of bill of lading no longer gives right to possession of goods, or

"What happens when your shipping document doesn't let you collect goods anymore"

Part 5 Other commercial matters
Bills of lading, sea waybills, and ship’s delivery orders: Rights under shipping documents

314Holder of bill of lading or person to whom delivery is to be made has rights under contract of carriage

  1. All rights to bring a proceeding under a contract of carriage are transferred to and vest in a person (A) as if A had been a party to the contract if A becomes—

  2. the lawful holder of a bill of lading; or
    1. the person who (without being an original party to the contract of carriage) is the person to whom the carrier will deliver the goods to which a sea waybill relates in accordance with that contract; or
      1. the person to whom the goods to which a ship’s delivery order relates will be delivered in accordance with the undertaking contained in the order.

        1. This section is subject to sections 315 to 318.

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