Plain language law

New Zealand law explained for everyone

Contract and Commercial Law Act 2017

Other commercial matters - Carriage of goods - Application and effect of subpart

243: This subpart does not apply to international carriage, to postal services, or in certain other cases

You could also call this:

“Rules for moving things don't count for some special cases”

This part of the law doesn’t apply to certain types of transport and services. You don’t need to worry about it if you’re dealing with international shipping, sending letters through the post office, or some special cases.

The law doesn’t cover:

  1. Moving things between countries
  2. Sending letters through the post office
  3. The army or Ministry of Defence moving things, unless they’re doing it as a paid service for the public
  4. Flying with certain flying clubs, but only if the plane belongs to the club and everyone on board is a full member

If a ship or plane is doing both international and local transport at the same time, this law only applies to the local part.

Even if you’re flying with a club, if you’re there to do a job and not just as a club member, this law might still apply to you.

The law also explains some words it uses:

  • A ‘letter’ means the same thing it does in the Postal Services Act 1998
  • ‘Payment’ doesn’t include money from military groups outside of New Zealand
  • A ‘postal operator’ is also defined in the Postal Services Act 1998

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242: This subpart applies to carriage of goods by carrier under contract, or

"This part explains when the rules apply to someone moving your stuff"

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Part 5 Other commercial matters
Carriage of goods: Application and effect of subpart

243This subpart does not apply to international carriage, to postal services, or in certain other cases

  1. This subpart does not apply to—

  2. international carriage:
    1. the carriage of letters by a postal operator, whether by the postal operator's agents or otherwise:
      1. the carriage of goods by the New Zealand Defence Force or the Ministry of Defence, except for the purpose of providing a public service in New Zealand or elsewhere for payment:
        1. any carriage by air that is performed as part of an air transport service for the carriage of passengers and is operated by any club that is affiliated with the Royal New Zealand Aero Club Incorporated (the club) if—
          1. the carriage is performed in an aircraft owned or hired by the club; and
            1. all persons carried on the aircraft, whether as crew or passengers, are members of the club with full rights of membership.

            2. If an aircraft or a ship is engaged in both international carriage and other carriage of goods at the same time, subsection (1)(a) does not prevent this subpart applying to the carriage that is not international carriage.

            3. If a passenger (A) is carried for the purpose of carrying out a function not related to A’s membership of the club (and not because A is a member of the club), subsection (1)(d) does not prevent this subpart from applying to the carriage by air that is performed as part of the air transport service for the carriage of A.

            4. In this section,—

              letter has the same meaning as in section 2(1) of the Postal Services Act 1998

                payment does not include payment by or on behalf of the military authorities of any State other than New Zealand

                  postal operator has the same meaning as in section 2(1) of the Postal Services Act 1998.

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