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Contract and Commercial Law Act 2017

Contracts legislation - Illegal contracts - Court may grant relief

78: Matters court must have regard to

You could also call this:

“What the court thinks about when deciding to help someone who broke a rule”

When a court is thinking about giving relief under section 76, they need to think about a few important things. They will look at how you and the other people involved have acted. If someone broke a rule, the court will think about what that rule was trying to do and how serious the punishment for breaking it would be. The court can also think about any other things they think are important. This helps them decide if they should give relief and what kind of relief to give.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6844178.

Topics:
Crime and justice > Courts and legal help
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77: Order may be subject to terms and conditions, or

"The court can add rules when it helps someone in a contract"

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79: Court must not grant relief if not in public interest, or

"Court can't help if it's not good for everyone"

Part 2 Contracts legislation
Illegal contracts: Court may grant relief

78Matters court must have regard to

  1. In considering whether to grant relief under section 76, and the nature and extent of any relief to be granted, the court must have regard to—

  2. the conduct of the parties; and
    1. in the case of a breach of an enactment, the object of the enactment and the gravity of the penalty expressly provided for any breach of the enactment; and
      1. any other matters that the court thinks proper.

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