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Contract and Commercial Law Act 2017

Contracts legislation - Contractual mistakes

23: Interpretation

You could also call this:

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

This part of the law talks about what words mean and how they are used. When you see the word “mistake” in this part of the law, it means a mistake about facts or about the law. It doesn’t matter which type of mistake it is.

If you make a mistake when you’re trying to understand a document, the law says that’s a mistake about the law. But this doesn’t mean that all mistakes about the law are just about understanding documents wrong.

There’s a special rule in section 25 that might change how this works in some cases.

The law also says that sometimes, even if it looks like there isn’t a proper contract, the law will treat it like there is one. This happens in certain situations that are explained in section 24(1)(a).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6844077.

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22: This subpart to be code, or

"This section sets new rules for contract mistakes"

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Part 2 Contracts legislation
Contractual mistakes

23Interpretation

  1. In this subpart, unless the context otherwise requires, mistake means a mistake, whether of law or of fact.

  2. For the purposes of this subpart, a mistake in the interpretation of a document is a mistake of law.

  3. Subsection (2)—

  4. does not limit the meaning of the term mistake of law; but
    1. is subject to section 25.

      1. There is a contract for the purposes of this subpart where a contract would have come into existence but for circumstances of the kind described in section 24(1)(a).

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