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

337: Notices of sale to be given

You could also call this:

“Telling people about selling goods from your wharf or warehouse”

If you own a wharf or a warehouse and want to sell goods under section 336, you need to tell people about the sale first. You must put an advertisement in a local newspaper. You also need to put up a notice about the sale where everyone can see it at your wharf or warehouse.

If you know the address of the person who owns the goods, you have to send them a letter about the sale. You might find their address on the cargo papers or other documents you have. Even if you forget to send this letter, it doesn’t mean the sale is wrong. If someone buys the goods in good faith, they don’t have to check if you sent the letter or not.

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 It might be out of date or be missing some parts.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=DLM6844751.

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

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

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

Next

338: How money arising from sale is to be applied, or

"How to use money from selling stored goods"

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

337Notices of sale to be given

  1. A wharf owner or a warehouse owner (A) must, before making a sale under section 336, notify the sale by advertisement in 1 newspaper circulating in the area in which the wharf or warehouse is situated.

  2. A copy of the notice of sale must, before a sale is made under section 336, be prominently displayed on or in the wharf or warehouse.

  3. A must notify the owner of the goods of the sale by letter sent by post if the address of the owner—

  4. has been stated on the manifest of the cargo or on any of the documents in A’s possession; or
    1. is otherwise known to A.

      1. However,—

      2. the title of a good faith purchaser of the goods is not invalidated because A fails to send a notice under subsection (3); and
        1. the good faith purchaser of the goods is not required to inquire whether that notice has been sent.

          Compare