Carriage of Goods Act 1979

  • repealed
  • Carriage of Goods Act 1979: repealed, on 1 September 2017, by section 345(1)(a) of the Contract and Commercial Law Act 2017 (2017 No 5).
2 Interpretation

In this Act, unless the context otherwise requires,—

actual carrier, in relation to the carriage of any goods, means every carrier who, at any material time, is or was in possession of the goods, or of any container, package, pallet, item of baggage, or any other thing in or on which the goods are or were believed by him to be, for the purpose of performing the carriage or any stage of it or any incidental service; and includes the contracting carrier where he performs any part of the carriage

carriage includes any incidental service; and carry has a corresponding meaning

carrier means a person who, in the ordinary course of his business, carries or procures to be carried goods owned by any other person, whether or not as an incident of the carriage of passengers; and, except in sections 21 to 24, includes a person who, in the ordinary course of his business, performs or procures to be performed any incidental service in respect of any such goods

checked baggage means baggage, personal effects, or other articles, checked or registered with the carrier, or put in any place at the carrier’s direction, or in any other way handed over to and accepted by the carrier (whether or not a check or form of receipt is issued), as baggage intended to be carried incidental to a contract for carriage of a passenger

contract of carriage means a contract for the carriage of goods

contracting carrier, in relation to a contract of carriage, means the carrier who, whether as a principal or as the agent of any other carrier, enters or has entered into the contract with the contracting party

contracting party, in relation to a contract of carriage, means the consignor or (as the case may require) the consignee of the goods who enters or has entered into the contract with the contracting carrier

court means any court of competent jurisdiction

goods means goods, baggage, and chattels of any description; and includes animals and plants; and also includes money, documents, and all other things of value

hand baggage means baggage, personal effects, or other articles, not being checked baggage

incidental service, in relation to any goods, means any service (such as that performed by consolidators, packers, stevedores, and warehousemen) the performance of which is to be or is undertaken to facilitate the carriage of the goods pursuant to a contract of carriage

international carriage,—

(a)

in relation to the carriage of goods by air, means carriage in which, according to the contract of carriage, the place of departure and the place of destination (whether or not there is a break in the carriage or a transhipment) are within the territories of 2 countries, or within the territory of a single country if there is an agreed stopping place within the territory of another country:

(b)

in relation to the carriage of goods by sea, means carriage from any port in New Zealand to any port outside New Zealand, or to any port in New Zealand from any port outside New Zealand, commencing when the goods are loaded onto a ship and ending when they are discharged from a ship

loss, in relation to any goods, includes the non-delivery or destruction of the goods

passenger means a person carried pursuant to a contract of carriage of that person

ship means any vessel used for the carriage of goods by sea.

Compare: 1948 No 66 s 2; 1967 No 151 s 18