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Contract and Commercial Law Act 2017

Other commercial matters - Power for shipowner to enter and land goods, and lien for freight

325: Interpretation

You could also call this:

“What words mean in laws about business and trade”

This law explains what certain words mean in this part of the law about other commercial matters. Here’s what you need to know:

An ‘entry’ is when goods from a ship are officially recorded as they come into the country. This is required by the Customs and Excise Act 1996.

‘Goods’ can be any kind of movable personal property, even animals.

The ‘owner of goods’ is anyone who has the right to possess the goods, either as the actual owner or as someone acting for the owner.

A ‘report’ is an official document that must be made about a ship bringing goods into the country, as required by the Customs and Excise Act 1996.

A ‘shipowner’ isn’t just the person who owns the ship. It can also be the ship’s captain or anyone else who can act for the owner or collect money for the ship’s services.

A ‘warehouse’ is any building where goods can be legally stored after they’re taken off a ship.

A ‘warehouse owner’ is the person who runs a warehouse.

A ‘wharf’ is any place where goods can be legally put when they’re taken off a ship. This could be a wharf, quay, dock, or other area.

A ‘wharf owner’ is the person who runs a wharf.

This law applies to all parts of New Zealand, including lakes and inland waters that can be sailed on.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6844710.

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324: Special provisions about received for shipment bills of lading, or

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

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326: Shipowner may enter and land goods in default of entry and landing by owner of goods, or

"Ship owner can handle goods if you don't collect them on time"

Part 5 Other commercial matters
Power for shipowner to enter and land goods, and lien for freight

325Interpretation

  1. In this subpart, unless the context otherwise requires,—

    entry means the entry required by the Customs and Excise Act 1996 to be made for the landing or discharge of goods from an importing ship

      goods includes all kinds of movable personal property, including animals

        owner of goods includes every person who is entitled, either as the owner or the agent for the owner, to the possession of the goods (subject, in the case of a lien, to the lien)

          report means the inward report required by the Customs and Excise Act 1996 to be made in respect of an importing ship

            shipowner includes the master of the ship and every other person authorised to act as agent for the owner or entitled to receive the freight, demurrage, or other charges payable in respect of the ship

              warehouse includes any warehouse, building, or premises in which goods may be lawfully placed when landed from ships

                warehouse owner means the occupier of a warehouse

                  wharf includes any wharf, quay, dock, or premises in or on which any goods may be lawfully placed when landed from ships

                    wharf owner means the occupier of a wharf.

                    1. To avoid doubt about the application of this subpart to navigable lakes and inland navigable waters of New Zealand, this subpart extends and applies to all parts of New Zealand to the extent that this subpart is applicable.

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