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Contract and Commercial Law Act 2017

Contracts legislation - Contractual remedies - Miscellaneous provisions

59: Savings

You could also call this:

“This part keeps important contract rules the same as before”

This part of the law doesn’t change some important legal ideas and rules. It keeps them the same as they were before. Here’s what it doesn’t change:

The rules about making someone do what they promised in a contract, or stopping them from doing something they shouldn’t.

The rules about mistakes in contracts, or when someone is forced or unfairly pushed into a contract.

The idea that you can say “I didn’t mean to sign that” if you really didn’t understand what you were signing.

The rules about what happens when a contract becomes impossible to complete.

The rules about buying and selling things.

The rules about what happens if someone breaks the rules in a contract for renting property.

The laws that protect you when you buy things as a normal customer.

Any other laws that talk about what should be in contracts, what can be done if there’s a problem with a contract, or how to make sure people follow contracts.

These rules stay the same, except for two small parts of this law that do change some things.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6844134.

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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"

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60: Application, or

"This part explains when you don't have to follow a contract anymore because it's too hard or impossible"

Part 2 Contracts legislation
Contractual remedies: Miscellaneous provisions

59Savings

  1. Nothing in this subpart affects—

  2. the law relating to specific performance or injunction:
    1. the law relating to mistake, duress, or undue influence:
      1. the doctrine of non est factum (it is not my deed):
        1. subpart 4 (frustrated contracts):
          1. Part 3 (sale of goods):
            1. sections 253 to 260 of the Property Law Act 2007 (which relate to relief against the cancellation of leases for a breach of a covenant or condition):
              1. the Consumer Guarantees Act 1993:
                1. any other enactment to the extent that it prescribes or governs terms of contracts or remedies available in respect of contracts, or governs the enforcement of contracts.

                  1. Subsection (1) applies except as provided in sections 35(2) and 52.

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