24 MARCH THE NEW ZEALAND GAZETTE 931

20.6 Actions against carriers
Section 18 of the Carriage of Goods Act 1979 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 (4) 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.”

20.7 “Declared value risk” rates
20.7.1 Declared value over $500: The rate for carriage of goods at “declared value risk” pursuant
to the Carriage of Goods Act 1979 shall be the “limited carrier’s 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.
20.7.2 Declared value under $500: In respect of any carriage of goods other than a carriage of
goods at “owner’s 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 Carriage of Goods Act 1979.

20.8 Carriage at “owner’s risk” rates
Where in this General Scale 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 Carriage of Goods Act 1979.

20.9 Consequential losses
It is a condition of every contract of carriage by the Corporation in respect of all its services that
the Corporation 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 subsection (2) of section 15 of the
Carriage of Goods Act 1979 is hereby expressly excluded.

20.10 Inspection of goods
20.10.1 Right of Corporation: The Corporation reserves the right to inspect any goods before
receipt or while the goods are in its custody, and for this purpose to call upon the owner to open
any package for inspection at the expense of the owner.
20.10.2 Failure to inspect: Failure to inspect any goods or the acceptance of any goods improperly
or insufficiently packed shall not impose upon the Corporation any liability for loss or damage
arising from such failure or such improper or insufficient packing or otherwise, or in any way
affect any warranty given in respect of such goods.

20.11 Sale of goods
Whenever any goods are sold under any of the provisions of this General 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.

20.12 Consignment notes and other documents
20.12.1 Carriage of Goods Act 1979: All consignment notes and other documents relating to the
carriage of goods shall, notwithstanding the terms thereof 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. All
reference to the Government Railways Act 1949 in all such consignments notes and other
documents after the 1st day of April 1982 shall be deemed to be a reference to the New Zealand
Railways Corporation Act 1981 and to the appropriate provisions thereof.
20.12.2 General condition in written contracts: It is a condition of every written contract of
carriage of goods hereunder which complies with the Carriage of Goods Act 1979 that the terms
of the written contract prevail over any terms in any consignment note relating to those goods
which are inconsistent with that written contract.
20.12.3 Special rate of charges for understatements: Where any consignment note, waybill, or
other document required to be delivered in respect of any goods delivered for carriage by the
Corporation there is any understatement of the quantity, weight, measurement, or value of the
goods, or any misdescription of their nature, which, if undetected, might lead to their being
charged for at less than the proper rate; then in lieu of charges at the ordinary rate, and whether
the understatement or misdescription is wilful or not, there shall be payable in respect of all the
goods referred to in such document double the ordinary rate of charges on the whole
consignment, and these charges shall be payable irrespective of any fine that may be incurred
under subsection (1) of section 25 of the New Zealand Railways Corporation Act 1981.

20.13 Acceptance of goods
20.13.1 Corporation’s option to accept goods: Goods are accepted for carriage subject to the
provisions of the Carriage of Goods Act 1979. Goods tendered to the Corporation for storage