Mercantile Law Act 1908

  • repealed
  • Mercantile Law Act 1908: repealed, on 1 October 2018, by section 443(1) of the Customs and Excise Act 2018 (2018 No 4).

Reprint as at 1 October 2018

Coat of Arms of New Zealand

Mercantile Law Act 1908

Public Act
1908 No 117
Date of assent
4 August 1908
4 August 1908

Mercantile Law Act 1908: repealed, on 1 October 2018, by section 443(1) of the Customs and Excise Act 2018 (2018 No 4).


Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Ministry of Business, Innovation, and Employment.


1Short Title
2Interpretation [Repealed]
3Powers of mercantile agent with respect to disposition of goods [Repealed]
4Effect of pledges of documents of title [Repealed]
5Pledge for antecedent debt [Repealed]
6Rights acquired by exchange of goods or documents [Repealed]
7Agreements through clerks, etc [Repealed]
8Provisions as to consignors and consignees [Repealed]
9Effect of transfer of document of title to goods on vendor’s lien, and right of stoppage in transitu [Repealed]
10Mode of transferring documents [Repealed]
11Saving of rights of true owner [Repealed]
12Saving for common-law powers of mercantile agent [Repealed]
13Interpretation [Repealed]
13AApplication of this Part [Repealed]
13BRights under shipping documents [Repealed]
13CLiabilities under shipping documents [Repealed]
14Right of stoppage in transitu, or claims for freight, not affected [Repealed]
15Bill of lading in hands of consignee, etc, conclusive evidence as against master, etc [Repealed]
16When master may be exonerated from liability [Repealed]
17Carriers liable for neglect or default in carriage of goods, notwithstanding notice to contrary [Repealed]
18Exception of conditions for carrying adjudged by a court or Judge to be reasonable [Repealed]
19Special contracts not binding unless signed [Repealed]
20Carriers not liable in certain cases beyond limited amount unless value declared and extra payment made [Repealed]
21Interpretation [Repealed]
22Power to shipowner to enter and land goods in default of entry and landing by owner of goods [Repealed]
23If when goods are landed the shipowner gives notice for that purpose the lien for freight is to continue [Repealed]
24Lien to be discharged on deposit with warehouse owner [Repealed]
25Warehouse owner may at the end of 15 days, if no notice is given, pay deposit to shipowner [Repealed]
26Course to be taken if notice to retain is given [Repealed]
27After 90 days warehouse owner may sell goods by public auction [Repealed]
28Notices of sale to be given [Repealed]
29Money arising from sale, how to be applied [Repealed]
30Warehouse owner’s rent and expenses [Repealed]
31Warehouse owner’s protection [Repealed]
33Unpaid vendor’s lien determined on delivery of bond warrants to bona fide holder for value
34Possession of warrants prima facie evidence of ownership
35Holder of warrant entitled to delivery
36Registered holder of warrant deemed to be owner
37The registered transferee of warrant to lose his or her right of lien if warrant afterwards delivered over bona fide and for value
38Warrants of free goods put on the same footing as bond warrants
39Provisions same in respect of bonded and free warehouses
40Vendor’s lien not prejudiced save as against bona fide subpurchaser or pledgee for value
41Goods not to be transferred in books of warehouseman except on production of warrant
42Special contracts restraining negotiability of warrants permitted
43Warehouseman’s lien not prejudiced by sale or transfer of goods
44When agreement for purchase of books to be void [Repealed]
Reprint notes

An Act to consolidate certain enactments of the Parliament of New Zealand relating to trade and commerce

Title: amended, on 1 January 1987, pursuant to section 29(2) of the Constitution Act 1986 (1986 No 114).