1578
THE NEW ZEALAND GAZETTE
No. 61

GENERAL

(f) In relation to goods that are unised for the purposes of carriage in any manner not
referred to in any of the preceding paragraphs of this subsection, means the unit of
goods as so unised:

(g) In relation to goods (other than baggage) not referred to in any of the preceding
paragraphs of this subsection, means each item of the goods:

(h) In relation to baggage, means each item of baggage.

(2) For the purpose of determining the limit of liability of any carrier, the limit of
liability prescribed by section 15 of this Act in respect of each unit of goods relates to the unit
of goods as accepted for carriage by the actual carrier or, where the carriage is undertaken by
more than one carrier, by the first actual carrier, whether or not that unit is subsequently
packed, repacked, or unpacked, or otherwise aggregated with or segregated from any other
goods, at any stage of the carriage.''

Section 17 of the Act in respect of the warranty by contracting to the condition of goods
provides:

"17. Contracting party to warrant condition of goods, etc.—(1) In every contract of
carriage there shall be implied on the part of the contracting party a term—
(a) That, except as disclosed in accordance with subsection (2) of this section, the goods are
fit to be carried and stored in accordance with the contract in the condition and
packed in the manner in which they are tendered for carriage;
(b) That, except as disclosed in accordance with subsection (2) of this section, the
provisions of every other enactment (if any) that he is required to comply with
relating to the consignment for carriage of the goods to be carried pursuant to the
contract have been complied with.

(2) If, before the goods are accepted for carriage, the contracting party notifies the
contracting carrier or the first actual carrier of any material particular that would otherwise
constitute a breach of either of the terms specified in subsection (1) of this section, the carrier
may refuse to carry the goods, or undertake to carry them subject to such reasonable terms
and conditions as he may require having regard to the circumstances of the case.

(3) Notwithstanding anything in section 7 of this Act, the provisions of this section apply,
with the necessary modifications, to contracts of carriage between contracting carriers and
actual carriers, and between actual carriers, subject to any express term in the contract.''

Section 18 of the Act in respect of actions against carriers provides:

"18. Notice of claim of damage or partial loss to be given within 30 days—(1) Subject to the
succeeding provisions of this section, and except in the case of fraud by the carrier, no action
may be brought against a contracting carrier for damage to or partial loss of goods occurring
while he is responsible for them under this Act unless written notice giving reasonable
particulars of the alleged damage or partial loss is given, in accordance with subsection (3) of
this section, within 30 days after the date on which, in accordance with section 9 of this Act,
the carrier's responsibility for the goods ceased.

(2) Subject to the succeeding provisions of this section, and except in the case of fraud by
the actual carrier, no action may be brought by the contracting carrier against an actual carrier
for damage to or partial loss of goods occurring while the actual carrier is responsible for them
under this Act unless the contracting carrier, within 10 days after receiving notice of a claim
under subsection (1) of this section, notifies the actual carrier of that claim.

(3) No notice is required if it is apparent from all the circumstances of the case that the
carrier is or ought to be aware of the damage or partial loss.

(4) Notice for the purpose of subsection (1) of this section shall be given—
(a) Where the contract was performed entirely by the contracting carrier, to that carrier; or
(b) Where the contract was not performed entirely by the contracting carrier, to—
(i) The actual carrier or, as the case may require, the last actual carrier; and
(ii) The contracting carrier, unless (where notice of the claim is to be given by the
consignee) the identity of the contracting carrier is unknown to the consignee.''

3. Declared Value Risk Rates—(a) The rate for carriage of goods at declared value risk
   pursuant to the Carriage of Goods Act 1979 shall be the limited carriers risk rate for the carriage
   of the goods, together with an additional amount of one percent of the declared value of the
   goods in excess of $500.

(b) In respect of any carriage of goods other than a carriage of goods at owners risk where it is
desired that the limit of liability be less than $500, then and in such case the goods may be carried
pursuant to a contract for carriage on declared terms within the meaning of and subject to the
provisions of the Act.

4. Carriage at Owners Risk Rates—Where in these Scales of Charges it is provided that the
   rates are “at limited carrier’s risk” and will be reduced by 2 percent where consignors require that
   the consignment be carried at “owner’s risk”, such reduction is subject to the consignor
   complying in all respects with the provisions of subsection (5) of section 8 of the Act.

5. Consequential losses—It is a condition of every contract of carriage by the department in
   respect of all its services that the department is not liable for any consequential losses arising out
   of or in respect of any such contract and any liability specified in paragraphs (b) and (c) of the
   subsection (2) of section 15 of the Act is hereby expressly excluded.

6. Sale of Goods

7. Whenever any goods are sold under any of the provisions of this Scale of Charges the
   proceeds of such sale shall be applied in payment of any sums payable in respect of any such
   goods and the expense of selling the same, and the balance (if any) remaining after such payment
   shall be paid to the owner on application.

8. Consignment Notes and Other Documents

All consignment notes and other documents relating to the carriage of goods shall,
notwithstanding the terms thereof on and after the 1st day of June 1980, be issued subject to the
provisions of the Carriage of Goods Act 1979. All references to the Sea Carriage of Goods Act
1940 and the provisions thereof in any such consignment notes or other documents shall be
deemed to be a reference to the Carriage of Goods Act 1979 and to the appropriate provisions of
that Act.