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Contract and Commercial Law Act 2017

Contracts legislation - Contractual remedies - Assignees

57: Other provisions relating to assignees

You could also call this:

“Rules to know when you take over someone else's contract”

When you take over a contract from someone else, there are some rules you need to know about. These rules are explained in Sections 54 to 56, but they don’t always apply in every situation.

If you’re dealing with a mortgage on land, you need to look at a different set of rules. These rules are found in subpart 8 of Part 3 of the Property Law Act 2007.

If you’re dealing with a contract for buying goods or services as a consumer, there’s a special rule you need to know about. This rule is in Section 46 of the Consumer Guarantees Act 1993.

It’s also important to know that these rules don’t change anything about how negotiable instruments work. Negotiable instruments are special types of documents used in business, like cheques.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6844131.

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56: Assignee indemnified by assignor, or

"The person giving you a contract must pay for mistakes they made or information they didn't share"

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58: This subpart does not apply to contracts governed by foreign law, or

"Rules for foreign contracts don't follow this part of NZ law"

Part 2 Contracts legislation
Contractual remedies: Assignees

57Other provisions relating to assignees

  1. Sections 54 to 56 are subject to,—

  2. in the case of a mortgage of land, subpart 8 of Part 3 of the Property Law Act 2007:
    1. in the case of a contract for the supply of goods or services to a consumer, section 46 of the Consumer Guarantees Act 1993.

      1. Nothing in sections 54 to 56 affects the law relating to negotiable instruments.

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