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Contract and Commercial Law Act 2017
Contracts legislation
Illegal contracts
Court may grant relief
82: Restriction on granting relief otherwise than in accordance with this subpart

Part 1:
Preliminary provisions

3Purpose 4Revision Act 5Overview of this Act 6Transitional, savings, and related provisions 7Status of examples 8Act binds the Crown

Part 2:
Contracts legislation

9Interpretation

Contractual privity

10Purpose 11Interpretation 12Deed or contract for benefit of person who is not party to deed or contract 13Section 12 does not apply if no intention to create obligation enforceable by beneficiary 14Variation or discharge of promise may require beneficiary’s consent 15Variation or discharge by agreement or in accordance with express provision 16Court may authorise variation or discharge 17Enforcement by beneficiary 18Availability of defences 19This subpart does not apply to promises, contracts, or deeds governed by foreign law 20Savings

Contractual mistakes

21Purpose of this subpart 22This subpart to be code 23Interpretation 24Relief may be granted if mistake by one party is known to another party or is common or mutual 25Mistake does not include mistake in interpretation of contract 26Decision to enter into contract not influenced by mistake if party aware of it 27Mistake caused by party seeking relief 28Nature of relief 29Court may grant relief to person claiming through or under party 30Persons who may apply 31Rights of third persons not affected 32This subpart does not apply to contracts governed by foreign law

Contractual remedies

33Meaning of cancel 34Remedy provided in contract

Frustrated contracts

60Application

Money paid or payable

61Money paid may be recovered and money payable ceases to be payable 62Court may allow party who has incurred expenses to retain or recover money

Other valuable benefits

63Sum may be recovered if party has obtained valuable benefit 64Benefit may be treated as being obtained

Expenses

65Estimates of expenses

Insurance

66Money payable under contract of insurance

Other provisions relating to application

67Court must give effect to provision in contract 68Court must treat performed part of contract that can be properly severed as separate contract 69This subpart does not apply in certain circumstances

Illegal contracts

70Interpretation 71Illegal contract defined 72Breach of enactment

Illegal contracts have no effect

73Illegal contracts have no effect 74Protection of persons who acquire property in good faith and without notice

Court may grant relief

75Who may be granted relief 76Court may grant relief 77Order may be subject to terms and conditions 78Matters court must have regard to 79Court must not grant relief if not in public interest 80Person acting with knowledge of facts or law giving rise to illegality 81Persons who may apply 82Restriction on granting relief otherwise than in accordance with this subpart

Restraints of trade

83Restraints of trade 84Law relating to restraint of trade and to ouster of jurisdiction not affected

Minors’ contracts

85Interpretation

Contractual capacity of minors

86Contracts unenforceable against minors but otherwise have effect 87Court may inquire into fairness and reasonableness of contract 88Court orders where contract was fair and reasonable 89Court orders where contract was not fair and reasonable 90Matters court must have regard to 91Further provisions relating to application of sections 86 to 90

Special rules for contracts of service and life insurance contracts

92Contracts of service and life insurance contracts have effect as if minor were of full age 93Court may make orders about unconscionable, harsh, or oppressive contract of service or life insurance contract 94Sections 92 and 93 do not apply in certain circumstances

Compensation or restitution

95Compensation or restitution

Other provisions relating to applications and orders

96Applications under sections 87 to 89 or section 93 97Terms and conditions of orders

Entering into contract with District Court’s approval

98Minor may enter into contract with approval of District Court 99Persons who may apply 100Referral of application 101Contracts relating to property held on trust

Guarantees and indemnities

102Guarantees and indemnities

Compromise or settlement of claims by minors

103Application 104Claim that is not subject of proceeding 105Claim that has become subject of proceeding 106Who may apply for approval 107Court may refuse or grant approval

Court directed trust for minor

108Money or damages to be held on trust 109Payment on minor reaching 18 years or marrying or entering into civil union or de facto relationship

Other matters relating to sections 103 to 109

110Sections 103 to 109 do not limit or affect certain other provisions 111Variation of certain orders 112Order may be made on court’s own motion or on application

Jurisdiction

113Jurisdiction of District Court 114Jurisdiction of Disputes Tribunal

Subpart to be code

115This subpart to be code

Agreements relating to trusts

116Effect of this subpart on trust 117Agreement to extinguish or vary trust may be approved

Stipulations not of essence of contracts

118Stipulations not of essence of contracts

Part 3:
Sale of goods

119Interpretation

Formation of contract

Contract of sale

120Contract of sale of goods 121Contracts of sale may be between one part-owner and another 122Contracts of sale may be absolute or conditional 123Sale and agreement to sell 124Capacity to buy and sell

Contractual formalities

125How contract of sale is made

Subject matter of contract

126Existing or future goods 127Contract void if goods have perished at time when contract is made 128Contract void if goods perish before sale but after agreement to sell

Price

129Fixing contract price 130Agreement to sell at valuation

Conditions and warranties

131Stipulations about time 132Conditions and warranties 133Breach of condition to be fulfilled by seller 134Impossibility or other excuse 135Implied condition and warranties as to title and quiet possession 136Sale by description 137Implied conditions or warranties as to quality or fitness 138Implied condition that goods are reasonably fit for purpose 139Implied condition that goods are of merchantable quality 140Implied warranty or condition by usage of trade 141Express warranty or condition

Sale by sample

142Sale by sample

Effects of contract

Transfer of property between seller and buyer

143Goods must be ascertained 144Property passes when intended to pass 145Ascertaining parties’ intention 146Rules for ascertaining parties’ intention 147Reservation of right of disposal 148Risk passes with property unless otherwise agreed

Transfer of title

149Sale by person who is not owner 150Market overt 151Sale under voidable title 152Revesting of property in stolen goods on conviction of offender 153Seller in possession after sale 154Buyer in possession after sale 155Effect of writs of execution

Performance of contract

156Duties of seller and buyer 157Payment and delivery are concurrent conditions

Rules about delivery

158Determining whether buyer to take possession of goods or seller to send goods 159Place of delivery 160Goods must be sent within reasonable time if no time is fixed 161Goods in possession of third person 162Demand or tender of delivery must be at reasonable hour 163Seller must bear expenses of putting goods into deliverable state 164Delivery of wrong quantity or of mixed goods 165Buyer not bound to accept delivery by instalments 166Instalment deliveries: breach of contract 167Delivery to carrier 168Risk where goods are delivered at place other than place where goods are sold 169Buyer’s right to examine goods 170Acceptance of goods 171Buyer not bound to return rejected goods 172Liability of buyer for neglecting or refusing to take delivery of goods

Rights of unpaid seller against goods

173Unpaid seller defined 174Unpaid seller's rights

Unpaid seller’s lien

175Unpaid seller's lien 176Part delivery 177When unpaid seller loses lien

Stopping goods in transit

178Right to stop goods in transit 179Duration of transit 180Goods delivered to ship chartered by buyer 181Part delivery 182How right is exercised 183Notice of seller’s claim 184Redelivery of goods

Resale by buyer or seller

185Effect of subsale or pledge by buyer 186Transfer of document of title to person in good faith and for valuable consideration 187Sale not generally rescinded by lien or stopping goods in transit 188Buyer’s title on resale 189Resale in case of perishable goods or notice of intention to resell 190Express power of sale

Remedies for breach of contract

Remedies of seller

191Claim for price 192Damages for non-acceptance

Remedies of buyer

193Damages for non-delivery 194Specific performance 195Remedy for breach of warranty 196Interest and special damages

Supplementary matters

197Exclusion of implied terms and conditions 198Exclusion where Consumer Guarantees Act 1993 applies 199Reasonable price and reasonable time are questions of fact 200Rights and duties enforceable by proceeding 201Savings

United Nations Convention on Contracts for the International Sale of Goods

202Purpose 203Interpretation 204Convention to have force of law 205Convention to be code 206Certificates about Contracting States

Part 4:
Electronic transactions

Preliminary provisions

207Purpose 208Overview 209Interpretation 210Further provision relating to interpretation

Improving certainty in relation to electronic information and electronic communications

Validity

211Validity of information

Default rules about dispatch and receipt of electronic communications

212When default rules in sections 213 to 216 apply 213Time of dispatch 214Time of receipt 215Place of dispatch 216Place of receipt 217Time of communication of acceptance of offer

Application of legal requirements to electronic transactions

Preliminary provisions

218When subpart applies 218ATemporary modification relating to powers of attorney and outbreak of COVID-19 218BPeriod for which temporary modification applies 218CRequirements relating to orders made under section 218B 218DRepeal of temporary modification provisions 219When legal requirement can be met by electronic means 220Consent to use of electronic technology 221When integrity of information maintained

Legal requirement: writing

222Legal requirement that information be in writing 223Legal requirement to record information in writing 224Legal requirement to give information in writing 225Legal requirements relating to layout and format of certain information and writing materials

Legal requirement: signatures

226Legal requirement for signature 227Legal requirement that signature or seal be witnessed 228Presumption about reliability of electronic signatures

Legal requirement: retention

229Legal requirement to retain document or information that is in paper or other non-electronic form 230Legal requirement to retain information that is in electronic form 231Extra conditions for electronic communications

Legal requirement: provision and production of, and access to, information

232Legal requirement to provide or produce information that is in paper or other non-electronic form 233Legal requirement to provide or produce information that is in electronic form 234Legal requirement to provide access to information that is in paper or other non-electronic form 235Legal requirement to provide access to information that is in electronic form

Legal requirement: originals

236Originals

Miscellaneous

237Legal requirement relating to content of information 238Copyright 239Regulations and Order in Council to amend Schedule 5 240Authority to prescribe electronic forms and requirements for using electronic forms 240ATemporary modification relating to powers of attorney and COVID-19 240BPeriod for which temporary modification applies 240COrder in Council may extend application period 240DOrder in Council may provide for modification to cease to apply 240ERepeal of temporary modification provisions

Part 5:
Other commercial matters

Carriage of goods

Overview

241Overview

Application and effect of subpart

242This subpart applies to carriage of goods by carrier under contract 243This subpart does not apply to international carriage, to postal services, or in certain other cases 244Other remedies affected 245Contracting out permitted for some matters

Interpretation

246Interpretation 247Meaning of unit of goods

Kinds of contract of carriage and effect on liability of parties

248Liability depends on kind of contract of carriage 249Particular kind of contract of carriage is matter for agreement subject to meeting requirements for that kind 250Requirements for contract for carriage at owner's risk 251Requirements for contract for carriage at declared value risk 252Requirements for contract for carriage on declared terms 253Difference between amounts charged must be fair and reasonable for contract at owner’s risk or declared value risk 254Contract between contracting carrier and actual carrier or between actual carriers

Liability of contracting carriers

255Application of sections 256 to 258 256Liability of contracting carrier 257When responsibility for goods begins 258When responsibility for goods ends

Limits on carrier liability for contracts of carriage at limited carrier’s risk or declared value risk

259Carrier’s liability limited to $2,000 for each unit of goods or to declared value 260Carrier not liable in certain circumstances

Liability of actual carrier to contracting carrier

261Application of provisions on liability of actual carrier to contracting carrier 262Liability where 1 actual carrier is involved 263Liability where more than 1 actual carrier is involved 264When actual carriers are jointly responsible or separately responsible for goods 265Provisions relating to joint liability of actual carriers

Other provisions relating to liability of carriers

266Rights of contracting party where contracting carrier insolvent or cannot be found 267Liquidator or assignee in bankruptcy holds money on trust

Liability of carriers for baggage

268Special rules relating to liability of carrier in respect of baggage 269Other rules relating to hand baggage

Liability under contracts of successive carriage

270Contracts of successive carriage by air 271When successive carriers are jointly responsible or separately responsible for goods

Liability of employees

272Liability of carrier’s employee

Warranty by contracting parties

273Contracting party to warrant condition of goods and compliance with enactments

Proceedings against carriers

274Notice of claim against contracting carrier must be given within 30 days 275Notice of claim against actual carrier must be given within 10 days 276No notice required if carrier is or ought to be aware of damage or loss or in case of fraud 277Non-notified proceeding may be brought with carrier’s consent or leave of court 278Limitation on proceedings against carriers for loss of goods 279Limitation on proceedings against carriers for damage to or partial loss of goods 280Proceeding may be brought after limitation period with carrier’s consent or leave of court 281Proceeding by consignee if not contracting party

Rights of carriers

282Contracting out permitted on rights of carriers 283Right to sue for freight 284Proceeding for recovery of freight 285Carrier’s lien 286Notice of carrier’s claim 287Carrier may store goods 288Sale of goods by public auction 289Storage and disposal of unclaimed or rejected goods 290Disposal of perishable goods 291Disposal of dangerous goods 292Liability of carrier extinguished in respect of sale or disposal of goods

Miscellaneous provisions

293Common carrier of goods abolished 294Proceedings against New Zealand agents of overseas carriers 295Certain other Acts not affected

Mercantile agents

296Interpretation

Sales, pledges, and other dispositions by mercantile agents

297Sale, pledge, or other disposition by agent in possession with owner’s consent is valid 298Buyer, etc, has notice of lack of authority if goods subject to perfected security interest 299Effect of withdrawal or expiry of owner’s consent 300Provisions relating to consent 301Effect of pledges of documents of title 302Pledge of goods as security for existing debt or liability 303Rights acquired by exchange of goods or documents 304Agreements through employees or other authorised persons 305Consignee’s lien 306Effect of transfer of document of title to goods on vendor’s lien and right of stopping goods in transit

Miscellaneous provisions

307Mode of transferring documents 308Saving of rights of true owner 309Common law powers of mercantile agent

Bills of lading, sea waybills, and ship’s delivery orders

Application

310Application of this subpart 311This subpart applies without prejudice to application of Hague Rules

Interpretation

312Interpretation 313Goods that cease to exist or cannot be identified

Rights under shipping documents

314Holder of bill of lading or person to whom delivery is to be made has rights under contract of carriage 315Rights where possession of bill of lading no longer gives right to possession of goods 316Rights in relation to ship’s delivery order 317Rights may be exercised for benefit of person who suffers loss or damage 318Transfer extinguishes certain rights

Liabilities under shipping documents

319Person in whom rights are vested becomes subject to liabilities 320Liabilities exclude liabilities in respect of goods to which ship’s delivery order does not relate 321Right of stopping goods in transit, or claims for freight, not affected 322Bill of lading in hands of shipper, consignee, or endorsee is conclusive evidence as against master or other signer of bill 323Regulations relating to network or other information technology

Special provisions about received for shipment bills of lading

324Special provisions about received for shipment bills of lading

Power for shipowner to enter and land goods, and lien for freight

325Interpretation 326Shipowner may enter and land goods in default of entry and landing by owner of goods 327Place for landing goods 328Owner who is ready and offers to land or take delivery of goods 329Landing of goods at wharf where ship is discharged for purpose of sorting goods 330Requirement for notice in certain circumstances 331Continuation of lien for freight if shipowner gives notice 332Discharge of lien on production of receipt and delivery of copy of receipt or release 333Discharge of lien on deposit with warehouse owner 334Right of wharf owner or warehouse owner, if no notice is given, to pay deposit to shipowner 335Course to be taken if notice to retain is given 336Wharf owner or warehouse owner may sell goods by public auction after 90 days 337Notices of sale to be given 338How money arising from sale is to be applied 339Wharf owner’s or warehouse owner’s rent and expenses 340Wharf owner’s or warehouse owner’s protection

Lien for work done

341Power of sale under lien for work done 342Notice of sale to be given 343How notice of sale is given to owner of goods 344How money arising from sale is to be applied

Part 6:
Repeal of revised Acts, consequential amendments, and miscellaneous provisions

345Repeal of revised Acts 346Revocation 347Amendments to other enactments

Schedule 1:
Transitional, savings, and related provisions

Schedule 2:
Minor amendments to clarify Parliament’s intent or reconcile inconsistencies

Schedule 3:
Comparative table

Schedule 4:
United Nations Convention on Contracts for the International Sale of Goods

Schedule 5:
Enactments and provisions excluded from subpart 3 of Part 4

Schedule 6:
Consequential amendments

Contract and Commercial Law Act 2017

Contracts legislation - Illegal contracts - Court may grant relief

82: Restriction on granting relief otherwise than in accordance with this subpart

You could also call this:

"Courts can only help with illegal contracts in ways this law allows"

You can't get help from a court for an illegal contract except in the ways described in this part of the law. This means that courts are limited in how they can assist you if you're involved in an illegal contract. They must follow the rules set out in this section of the law.

However, there's an exception to this rule. If another law specifically says that courts can provide help in a different way, then that law takes priority. This means that sometimes, other laws might allow courts to help you even if this law doesn't.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on 22 April 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6844182.

Topics:

Crime and justice > Courts and legal helpBusiness > Fair trading

81: Persons who may apply, or

"Who can ask the court for help with a contract"

83: Restraints of trade, or

"Courts can change or remove unfair rules in contracts"

Part 2Contracts legislation
Illegal contracts: Court may grant relief

82Restriction on granting relief otherwise than in accordance with this subpart

No court may, in respect of an illegal contract, grant relief to a person otherwise than in accordance with this subpart.
This section is subject to the express provisions of any other enactment.

Compare

s 7(7)