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Contract and Commercial Law Act 2017

Other commercial matters - Power for shipowner to enter and land goods, and lien for freight

326: Shipowner may enter and land goods in default of entry and landing by owner of goods

You could also call this:

“Ship owner can handle goods if you don't collect them on time”

If you bring goods into New Zealand from overseas, you need to do two things: tell the authorities about the goods and then collect them. But what if you don’t do this in time? In that case, the person who owns the ship that brought your goods can do it for you.

The ship owner can tell the authorities about your goods and take them off the ship if you don’t do it yourself by the time you were supposed to. They have to follow some special rules when they do this.

The time by which you’re supposed to collect your goods is usually written in the agreement about shipping your goods. If it’s not written down, the ship owner can take action after 72 hours from when the ship reports its arrival. They don’t count Sundays or holidays in those 72 hours.

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Part 5 Other commercial matters
Power for shipowner to enter and land goods, and lien for freight

326Shipowner may enter and land goods in default of entry and landing by owner of goods

  1. This section applies if the owner of goods that are imported from overseas into New Zealand fails, by the relevant time,—

  2. to make entry of the goods; or
    1. having made entry of the goods, to land the goods or take delivery of the goods.

      1. The shipowner may, at any time after the relevant time, make entry of and land or unload the goods in the manner and subject to the conditions specified in sections 327 to 330.

      2. In this section, relevant time means—

      3. the time expressed for the delivery of the goods in the charter party, bill of lading, or agreement; or
        1. if no time for the delivery of the goods is expressed in the charter party, bill of lading, or agreement, the time that is at the expiry of 72 hours after the report of the ship (excluding a Sunday or a holiday).

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