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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

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

You could also call this:

“Wharf or warehouse can sell your stuff if you don't pick it up or pay”

If you leave your goods at a wharf or warehouse, the owner of that place can sell them after a certain time. This can happen if you don’t pay the money you owe for storing your goods there, or if you don’t give them a deposit.

The wharf or warehouse owner can sell your goods at a public auction. They must do this if the shipowner asks them to. They can sell all of your goods or just enough to cover the costs they’re owed.

The sale can happen in two situations:

  1. After 90 days from when your goods were first stored there.
  2. Earlier than 90 days if your goods might go bad quickly. In this case, someone like Lloyd’s agent or a surveyor chosen by the wharf or warehouse owner decides when to sell.

The goods can be sold for use in New Zealand or for sending overseas. This law helps wharf and warehouse owners get paid for storing goods when people don’t collect them or pay for storage.

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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=DLM6844748.

Topics:
Business > Industry rules Business > Fair trading Money and consumer rights > Consumer protection
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335: Course to be taken if notice to retain is given, or

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

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337: Notices of sale to be given, or

"Telling people about selling goods from your wharf or warehouse"

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

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

  1. If a lien referred to in section 331 is not discharged and a deposit is not made under section 333, the wharf owner or the warehouse owner (A) may, and if required by the shipowner must, at a relevant time, sell by public auction—

  2. the goods; or
    1. the amount of the goods that is necessary to satisfy the charges referred to in section 338(1)(c) and (d).

      1. The goods may be sold under this section either for home consumption or export.

      2. In this section, relevant time means—

      3. any time after the expiry of 90 days from the time when the goods are placed in A’s custody; or
        1. if the goods are of a perishable nature, an earlier time that is fixed by—
          1. Lloyd’s agent; or
            1. any surveyor appointed by A.

            Compare
            Notes
            • Section 336(3)(b)(i): amended, on , by section 26 of the Statutes Amendment Act 2019 (2019 No 56).