Plain language law

New Zealand law explained for everyone

Contract and Commercial Law Act 2017

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

331: Continuation of lien for freight if shipowner gives notice

You could also call this:

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

If you own a ship and want to keep your right to charge money for carrying goods even after they’re taken off the ship, you can do something special. When the goods are taken off your ship and given to someone who owns a wharf or a warehouse, you can tell them in writing that you still want to be paid for carrying those goods. You need to say how much money you want to be paid.

When you do this, the wharf owner or warehouse owner has to keep the goods safe for you until you get paid. They can’t give the goods to anyone else until you say it’s okay. If they don’t follow this rule and give the goods away too soon, they might have to pay you back for any money you lose because of their mistake.

This rule helps make sure that ship owners can still get paid for carrying goods, even after the goods are no longer on their ship. It’s a way to protect the ship owner’s right to be paid for their work.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6844739.

Topics:
Business > Industry rules Business > Fair trading Money and consumer rights > Consumer protection
Previous

330: Requirement for notice in certain circumstances, or

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

Next

332: Discharge of lien on production of receipt and delivery of copy of receipt or release, or

"How to get your stuff back from a wharf or warehouse when you owe money"

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

331Continuation of lien for freight if shipowner gives notice

  1. This section applies if, at any time when any goods are landed from a ship and placed in the custody of a wharf owner or warehouse owner, the shipowner gives to the wharf owner or the warehouse owner notice in writing that the goods are to remain subject to a lien for freight or other charges that are payable to the shipowner to an amount specified in the notice.

  2. The goods, while in the custody of the wharf owner or warehouse owner, continue to be subject to the same lien (if any) for the charges that the goods were subject to before the goods were landed.

  3. The wharf owner or the warehouse owner who receives the goods must retain them until the lien is discharged under section 332 or 333.

  4. The wharf owner or the warehouse owner must, if he, she, or it fails to comply with subsection (3), compensate the shipowner for any loss suffered by the shipowner that is caused by the failure.

Compare