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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

335: Course to be taken if notice to retain is given

You could also call this:

“What happens when you want to keep your goods at a wharf or warehouse”

If you leave money with someone who owns a wharf or warehouse, they need to follow some rules. This happens when you want to keep your goods there.

You have 15 days to tell the wharf or warehouse owner how much money you think you owe for shipping. When you do this, the owner must tell the ship owner right away.

If you agree you owe some money, the wharf or warehouse owner will give that amount to the ship owner. They will keep the rest of your money for 30 days.

After 30 days, if nothing else happens, the wharf or warehouse owner will give you back the money they kept. But if the ship owner starts a legal case about the money within those 30 days, the wharf or warehouse owner won’t give the money back yet.

If the wharf or warehouse owner gives you back your money after 30 days (when there’s no legal case), they won’t be in trouble for doing so.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6844745.

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334: Right of wharf owner or warehouse owner, if no notice is given, to pay deposit to shipowner, or

"Wharf or warehouse owner can give deposit to shipowner if not told otherwise"

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336: Wharf owner or warehouse owner may sell goods by public auction after 90 days, or

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

335Course to be taken if notice to retain is given

  1. This section applies if—

  2. a deposit is made with the wharf owner or the warehouse owner (A) under section 333; and
    1. the person who makes the deposit (B) gives to A a notice as referred to in section 334 within 15 days after making the deposit.

      1. A must—

      2. immediately inform the shipowner of the notice; and
        1. pay or tender to the shipowner out of the deposited sum the sum admitted by the notice to be payable (if any); and
          1. retain the balance or, if B does not admit that a sum is payable, retain the whole of the deposited sum for 30 days from the date of the notice.

            1. A must, at the expiry of the 30-day period referred to in subsection (2)(c), pay the balance or the whole of the deposited sum referred to in that paragraph to the owner of the goods.

            2. However, subsection (3) does not apply if, before the expiry of the 30-day period referred to in subsection (2)(c),—

            3. legal or arbitral proceedings are commenced by the shipowner against the owner of the goods to recover the balance or sum referred to in subsection (2)(c) or otherwise for the settlement of any disputes between them concerning the freight or other charges; and
              1. written notice of those proceedings is served on A.

                1. A is discharged from all liability in respect of the balance or sum by making the payment in accordance with subsection (3) (subject to subsection (4)).

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