Contract and Commercial Law Act 2017

Contracts legislation - Contractual mistakes

22: This subpart to be code

You could also call this:

“This section sets new rules for contract mistakes”

This part of the law replaces the old rules about when you can get help if you made a mistake in a contract. It applies to you if you’re part of a contract or if you’re connected to someone who is part of a contract.

There are some things this law doesn’t change. It doesn’t affect:

  • When you can say “That’s not what I agreed to do” (called non est factum in Latin)
  • Fixing mistakes in contracts
  • Rules about when someone pressures you unfairly, lies to you, or doesn’t do what they’re supposed to do when they’re in charge of your money or property
  • What happens when a contract can’t be completed because of unexpected events
  • What happens with illegal contracts
  • How to get your money back if you paid something by mistake

The courts can still decide not to make someone do exactly what a contract says, even with these new rules.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6844076.


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21: Purpose of this subpart, or

"This part explains how courts can help fix mistakes in contracts"


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23: Interpretation, or

"What words mean and how we use them in this part of the law"

Part 2 Contracts legislation
Contractual mistakes

22This subpart to be code

  1. This subpart has effect in place of the rules of the common law and of equity governing the circumstances in which relief may be granted, on the grounds of mistake, to—

  2. a party to a contract; or
    1. a person claiming through or under a party to a contract.
      1. Subsection (1) applies except as otherwise expressly provided in this subpart.

      2. Nothing in this subpart affects—

      3. the doctrine of non est factum (it is not my deed):
        1. the law relating to the rectification of contracts:
          1. the law relating to undue influence, fraud, breach of fiduciary duty, or misrepresentation, whether fraudulent or innocent:
            1. subpart 4 (frustrated contracts):
              1. subpart 5 (illegal contracts):
                1. sections 74A and 74B of the Property Law Act 2007 (recovery of payments made under mistake).
                  1. Nothing in this subpart deprives a court of the power to exercise its discretion to withhold a decree of specific performance in any case.

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