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Contract and Commercial Law Act 2017

Contracts legislation - Minors’ contracts - Contractual capacity of minors

86: Contracts unenforceable against minors but otherwise have effect

You could also call this:

“Contracts don't work against kids, but still count for grown-ups”

If you are younger than 18 years old, you are considered a minor. When you make a contract as a minor, it can’t be enforced against you. This means that if you sign a contract, you can’t be forced to follow through with it. However, the contract still works normally for everyone else involved, as if you were an adult.

There are some exceptions to this rule. If your contract is covered by section 92(1) of this law, then this rule doesn’t apply. Also, sections 87 to 91 of this law might change how this rule works in some situations.

Remember, even though you can’t be forced to follow through with most contracts as a minor, it’s still important to be careful about what you agree to.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6844196.

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Part 2 Contracts legislation
Minors’ contracts: Contractual capacity of minors

86Contracts unenforceable against minors but otherwise have effect

  1. Every contract entered into by a minor is unenforceable against the minor but otherwise has effect as if the minor were of full age.

  2. Subsection (1) does not apply to a contract to which section 92(1) applies.

  3. This section is subject to sections 87 to 91.

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