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Contract and Commercial Law Act 2017

Contracts legislation - Minors’ contracts - Entering into contract with District Court’s approval

100: Referral of application

You could also call this:

“Court can ask someone else to review your request to approve a minor's contract”

When you ask the court to approve a contract for a minor, as mentioned in section 99, the court can send your request to someone else to look at. This could be the minor’s guardian or, if needed, a lawyer chosen by the court, Public Trust, the Māori Trustee, or another person.

The court can decide who should pay for the costs of the person looking at your request. They will make an order about this.

The person looking at your request can write a report for the District Court. This report will explain what they found when they looked at your request and what they think should happen. They can also come to the court hearing to talk about your request.

Before the person starts looking at your request, you need to pay them or make sure they will be paid. They don’t have to do any work until they know they will get paid.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6844218.

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99: Persons who may apply, or

"Who can ask the court to approve a contract for someone under 18"

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Part 2 Contracts legislation
Minors’ contracts: Entering into contract with District Court’s approval

100Referral of application

  1. The court may refer an application under section 99—

  2. to a guardian of the minor; or
    1. if the court considers it necessary for the purposes of the application, to—
      1. a lawyer nominated by the court; or
        1. Public Trust; or
          1. the Māori Trustee; or
            1. any other person.

            2. The court may make any order that it thinks fit for the payment of the reasonable costs and expenses of any person to whom the application is referred.

            3. A person to whom an application is referred may—

            4. file a report in the District Court that—
              1. sets out the results of the person’s consideration and examination of the application; and
                1. makes the recommendations that the person thinks proper; and
                2. appear and be heard at the hearing of the application.

                  1. A person to whom an application is referred is not required to consider or examine the application until the person’s reasonable costs and expenses have been paid or secured to the person’s satisfaction.

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