24 MARCH THE NEW ZEALAND GAZETTE 929

(5) No contract of carriage purporting to be a contract for carriage “at owner’s risk”
shall have effect as such (but instead shall have effect as a contract for carriage “at
limited carrier’s risk”) unless—
(i) In writing; and
(ii) Expressed to be “at owner’s risk”; and
(iii) Signed by the parties or their agents; or

(b) Before or at the time when, the goods are accepted for carriage, the contracting
party or his agent signs a statement in the following terms:
“These goods are to be carried at “owner’s risk”. This means that the carrier will pay
no compensation if the goods are lost or damaged, unless he intentionally loses or
damages them.”

For the purposes of this paragraph, that statement may be included in the
consignment note or any other document relating to the carriage, but in that case
the statement shall be conspicuous and shall be separately signed by the contracting party
or his agent.

(6) No contract of carriage purporting to be a contract “at declared value risk”
shall have effect as such (but instead shall have effect as a contract for carriage “at limited
carrier’s risk”) unless the contract is in writing.

(7) No contract of carriage purporting to be a contract for carriage “on declared
terms” shall have effect as such (but instead shall have effect as a contract for carriage
“at limited carrier’s risk”) unless the contract is—
(a) Freely negotiated between the parties; and
(b) In writing; and
(c) Signed by the parties or their agents.

(8) Where, in any proceeding, the question of whether any contract of carriage was or
was not freely negotiated is in issue, the Court in determining that question shall have
regard to the following matters:
(a) The respective bargaining strengths of the parties:
(b) The course of dealing between the parties in respect of the particular transaction in
question, and any other transactions between them:
(c) The value of the transaction:
(d) Any extraordinary features of the goods to be carried or the route over which they
are to be carried:
(e) Any other matters that the Court considers may properly be taken into account—
and either party may adduce evidence relating to any matter.”

20.3 Liability
Section 9, 14 and 15 of the Carriage of Goods Act 1979 provide as follows in respect of the
liability of the Corporation:

20.3.1 “9. Liability of contracting carrier—
(1) Subject to the other provisions of this
Act, a contracting carrier is liable as such to the contracting party for the loss of or
damage to any goods occurring while he is responsible for the goods in accordance with
the succeeding provisions of this section, whether or not the loss or damage is caused
wholly or partly by him or by any actual carrier.

(2) The responsibility of the contracting carrier for goods begins when the goods are
accepted for carriage in accordance with the contract.

(3) Subject to subsection (4) of this section, the responsibility of the contracting carrier
for goods ends—

(a) In a case where the goods are to be delivered to the consignee—
(i) When they are tendered to the consignee in the manner expressed or implied in
the contract; or
(ii) Where any amount by way of freight is due and payable to or on behalf of the
contracting carrier at any time before, or at the time at which, the goods are to
be tendered to the consignee under the contract and that amount has not been
paid in full, when the contracting carrier or (as the case may require) the last
actual carrier is capable of tendering the goods to the consignee in accordance
with the contract and gives notice to any person liable to pay the amount or (as
the case may require) the balance of the amount that he is so capable:

(b) In a case where the goods are to be collected by the consignee—
(i) When the goods are collected by the consignee; or
(ii) On the expiry of the 5th day (excluding any day on which the carrier’s premises
are not open for the collection of goods) after the date on which the contracting
carrier or (as the case may require) the last actual carrier notifies the consignee
that the goods are available for collection.

(4) In any case where, at the time when the contracting carrier or (as the case may
require) the last actual carrier is able to tender the goods to the consignee in
accordance with the contract, the consignee’s whereabouts are unknown to that
carrier, the responsibility of the contracting carrier for the goods ends when he or (as
the case may require) the last actual carrier has taken reasonable steps to find the
consignee and notify him of the matters referred to in paragraph (a)(ii) or (as the case
may require) paragraph (b)(ii) of subsection (3) of this section.

(5) No notice referred to in subsection (3)(a)(ii) of this section shall take effect until it is
received by the person liable to pay the freight.

(6) Notwithstanding any of the foregoing provisions of this section, the responsibility of
a contracting carrier who contracts for the carriage of goods to a destination outside
New Zealand ends for the purposes of the Act at the time when the international
carriage of those goods begins.

(7) Notwithstanding any of the foregoing provisions of this section the responsibility of
a contracting carrier who contracts for the carriage of goods from a destination outside
New Zealand to a destination in New Zealand begins for the purposes of this Act at the
time when the international carriage of those goods ends.”