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Contract and Commercial Law Act 2017

Contracts legislation - Minors’ contracts - Compromise or settlement of claims by minors

105: Claim that has become subject of proceeding

You could also call this:

“Rules for protecting minors when their claims become part of a court case”

If you’re a minor (someone under 18) and you’ve made a claim that has become part of a court case in New Zealand, there are special rules to protect you. These rules apply even if your claim wasn’t settled using the process described in section 104.

Once your claim is part of a court case, any attempt to settle it, compromise on it, or accept money for it is not valid unless the court approves it. This rule is there to make sure that any settlement is fair to you.

This protection applies no matter when the settlement, compromise, payment, or acceptance of money happens. It’s always in place to look after your interests.

Remember, these rules are designed to protect you because the law recognises that young people might need extra help in legal matters.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6844227.

Topics:
Crime and justice > Courts and legal help Family and relationships > Children and parenting
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104: Claim that is not subject of proceeding, or

"Making a legal agreement as a young person to settle a claim not in court"

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106: Who may apply for approval, or

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

Part 2 Contracts legislation
Minors’ contracts: Compromise or settlement of claims by minors

105Claim that has become subject of proceeding

  1. If the claim has not been compromised or settled in accordance with section 104, and has become the subject of a proceeding before a court in New Zealand, no settlement, compromise, or payment and no acceptance of money paid into court is valid (to the extent that it relates to the minor’s claim) without the approval of the court.

  2. Subsection (1) applies whenever the settlement, compromise, payment, or acceptance is entered into or made.

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