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Contract and Commercial Law Act 2017

Other commercial matters - Bills of lading, sea waybills, and ship’s delivery orders - Special provisions about received for shipment bills of lading

324: Special provisions about received for shipment bills of lading

You could also call this:

“Rules for special shipping documents that say goods are ready to be sent”

You need to know about a special kind of shipping document called a ‘received for shipment bill of lading’. This document is signed by someone who is allowed to sign it and says that goods have been received to be shipped.

There are some rules about when this document can be made:

  1. The goods must be with the ship’s owner or someone they’ve allowed to have them.
  2. It can only be for a specific ship where space has been saved for the goods.
  3. It can’t be made more than 21 days before the ship is expected to be ready to load.

If someone has made this document, it usually means they’ve followed these rules unless someone can prove they didn’t.

The document must say what will happen if the goods can’t go on the ship that was planned. In that case, the ship owner has to send the goods on their next ship, or they can choose to use another owner’s ship, or a ship that will leave within a certain number of days. The rest of the agreement stays the same.

This ‘received for shipment bill of lading’ is treated just like a regular bill of lading. It works the same way and can be traded like one that says the goods are already on the ship.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6844706.

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Part 5 Other commercial matters
Bills of lading, sea waybills, and ship’s delivery orders: Special provisions about received for shipment bills of lading

324Special provisions about received for shipment bills of lading

  1. In this section, received for shipment bill of lading means a shipping document issued in accordance with this section that—

  2. is signed by a person purporting to be authorised to sign the document; and
    1. acknowledges that the goods to which the document relates have been received for shipment.

      1. A received for shipment bill of lading—

      2. may not be issued until the goods are in the possession of the owner of the ship or of some person duly authorised on the owner’s behalf:
        1. may be issued only for a named ship in which space has been actually reserved:
          1. may not be issued earlier than 21 days before the time when the ship is expected to be in port in readiness to load.

            1. The issue of a received for shipment bill of lading is, until the contrary is proved, sufficient evidence that subsection (2) has been complied with.

            2. Every received for shipment bill of lading must contain a provision that, in the event of the goods being unavoidably shut out from the named ship, the shipowner (A) must forward the goods—

            3. by A’s next available ship, or, at A’s option, by a ship of some other owner, or by a ship sailing within a specified number of days; but
              1. otherwise on the same terms and conditions, with all necessary modifications, as if the goods were actually shipped by the named ship.

                1. Every received for shipment bill of lading must for all purposes be treated as a valid bill of lading with the same effect and capable of negotiation in all respects and with the same consequences as if it were a bill of lading acknowledging that the goods to which it relates had been actually shipped on board.

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