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Contract and Commercial Law Act 2017

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

321: Right of stopping goods in transit, or claims for freight, not affected

You could also call this:

“Goods in transit: You can still stop delivery or ask for shipping payment”

This law is about protecting certain rights and responsibilities when goods are being shipped. It says that the rules in this part of the law don’t change or limit a few important things:

You can still stop goods that are being transported if you need to. This means if something goes wrong, you might be able to stop the goods from being delivered.

If you’re the original shipper or owner of the goods, you can still ask for payment for transporting them (this is called freight).

If you’re receiving the goods or if someone has passed the right to receive the goods to you, you still have responsibilities. These responsibilities come from being the person who is supposed to get the goods or from actually receiving the goods.

Remember, though, that there’s another part of the law (section 306) that might change how this works in some cases.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6844702.

Topics:
Business > Fair trading Business > Industry rules Money and consumer rights > Consumer protection
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320: Liabilities exclude liabilities in respect of goods to which ship’s delivery order does not relate, or

"Ship's delivery order only makes you responsible for goods listed on it"

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322: Bill of lading in hands of shipper, consignee, or endorsee is conclusive evidence as against master or other signer of bill, or

"A shipping document proves what goods were loaded, even if they weren't"

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

321Right of stopping goods in transit, or claims for freight, not affected

  1. This subpart does not limit or affect—

  2. any right of stopping goods in transit; or
    1. any right to claim freight against the original shipper or owner; or
      1. any liability that the consignee or endorsee has because—
        1. that person is the consignee or endorsee; or
          1. that person has received the goods as a result of the consignment or endorsement.

          2. This section is subject to section 306.

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