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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

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

You could also call this:

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

If you get a bill of lading (a document that lists goods being shipped) after it no longer gives you the right to get the goods from the carrier, you might still have some rights. This can happen in two ways:

First, if you got the bill because of a deal that was made before the bill stopped giving the right to the goods.

Second, if someone else got the goods or documents under an earlier deal, but then said they didn’t want them and gave them to you instead.

A “deal” here means any arrangement or agreement that was made before the bill of lading stopped giving the right to 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=DLM6844689.

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

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

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316: Rights in relation to ship’s delivery order, or

"Your rights when receiving goods from a ship are based on what the delivery order says"

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

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

  1. This section applies if a person (A) becomes the lawful holder of a bill of lading at a time when possession of the bill no longer gives a right (as against the carrier) to possession of the goods to which the bill relates.

  2. No rights are transferred to A under section 314 unless A becomes the holder of the bill—

  3. because of a transaction effected under a relevant arrangement; or
    1. as a result of another person (B) rejecting to A goods or documents that were delivered to B under a relevant arrangement.

      1. In this section, relevant arrangement means a contractual or other arrangement that was made before the right to possession of the goods ceased to attach to the possession of the bill of lading.

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