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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

330: Requirement for notice in certain circumstances

You could also call this:

“You must be told before your goods are unloaded from a ship”

If you own goods that are on a ship, you can choose where you want them to be unloaded. If you tell the shipowner where you want your goods to be unloaded, and you’re ready to get them, but the shipowner doesn’t deliver them or tell you when they can be delivered, there are special rules.

In this case, the shipowner must tell you or the people at the wharf or warehouse 24 hours before they start unloading your goods. They need to do this in writing.

If the shipowner doesn’t tell you before unloading your goods, they might have to pay for any problems that happen because of this.

The people who run the wharf or warehouse where you want your goods to be unloaded are called the ‘wharf owner’ or ‘warehouse owner’ in this 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=DLM6844734.

Topics:
Business > Industry rules Transport and travel > Boating
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329: Landing of goods at wharf where ship is discharged for purpose of sorting goods, or

"Sorting goods at the wharf: Getting your stuff quickly after it comes off the ship"

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331: Continuation of lien for freight if shipowner gives notice, or

"Ship owners can keep their right to be paid for carrying goods after delivery by telling the warehouse"

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

330Requirement for notice in certain circumstances

  1. This section applies if,—

  2. at any time before the goods are landed or unloaded, the owner of the goods has made entry for the landing and warehousing of the goods at a particular wharf or warehouse other than the one at which the ship is discharging, and has offered and been ready to take delivery of the goods; and
    1. the shipowner—
      1. has failed to make that delivery; and
        1. failed at the time of the offer to give the owner of the goods correct information of the time at which the goods could be delivered.

        2. The shipowner must, before landing or unloading the goods under the power given under section 326, give to the owner of the goods, or to the wharf owner or warehouse owner, 24 hours’ notice in writing of the shipowner’s readiness to deliver the goods.

        3. If the shipowner lands or unloads the goods without giving the notice required under subsection (2), the shipowner does so at the shipowner’s risk and expense.

        4. In subsection (2),—

          warehouse owner means the occupier of the warehouse referred to in subsection (1)(a)

            wharf owner means the occupier of the wharf referred to in subsection (1)(a).

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