Contract and Commercial Law Act 2017

Schedule 1: Transitional, savings, and related provisions

You could also call this:

“How the new law works with old contracts and legal stuff”

This schedule outlines when different parts of the Contract and Commercial Law Act 2017 apply to various contracts and legal matters. Parts of the Act apply to contracts made after specific dates, while others apply regardless of when the contract was made. For example, the part about contracts privity applies to promises, contracts, or deeds made on or after 1 April 1983.

The schedule also explains that some older laws continue to apply in certain situations. For instance, Section 7 of the Property Law Act 1952 still applies to deeds made before 1 April 1983, even though it was repealed. The schedule also covers how the Act applies to things like minors’ contracts, sale of goods, and carriage of goods.

Importantly, the schedule states that changes in legal effect introduced by this Act don’t apply to existing contracts or arrangements. This means that for contracts, agreements, or other legal matters that happened before this Act came into force, the old laws still apply. The schedule also explains how references to repealed laws should be understood in documents made before this Act started.

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 It might be out of date or be missing some parts.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

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6844762.


Previous

347: Amendments to other enactments, or

"Changes to other laws are listed in Schedule 6"


Next

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

"Small fixes to make laws clearer and work better together"

1Transitional, savings, and related provisions Empowered by s 6

1Provisions relating to this Act as enacted

Provisions relating to contracts privity

1Application of subpart relating to contracts privity

  1. Subpart 1 of Part 2 applies to any promise, contract, or deed made on or after 1 April 1983.

Compare

2Section 7 of Property Law Act 1952 continues to apply to deed made before 1 April 1983

  1. Section 7 of the Property Law Act 1952 continues to apply, despite its repeal by section 13 of the Contracts (Privity) Act 1982, in respect of any deed made before 1 April 1983.

Compare

Provisions relating to contractual mistakes

3Application of subpart relating to contractual mistakes

  1. Subpart 2 of Part 2 applies to any contract made on or after 21 November 1977.

Compare

Provisions relating to contractual remedies

4Application of subpart relating to contractual remedies

  1. Subpart 3 of Part 2 applies to any contract made on or after 1 April 1980.

Compare

Provisions relating to frustrated contracts

5Application of subpart relating to frustrated contracts

  1. Subpart 4 of Part 2 applies to any contract regardless of whether it is made before or after the commencement of this Act.

Compare

Provisions relating to illegal contracts

6Application of subpart relating to illegal contracts

  1. Subpart 5 of Part 2 applies to any contract regardless of whether it is made before or after the commencement of this Act.

  2. However, nothing in section 73 or 74 applies to any contract made before 1 December 1970.

Compare

Provisions relating to minors’ contracts

7Application of subpart relating to minors’ contracts

  1. Subpart 6 of Part 2 applies to any contract made, compromise or settlement agreed to, or discharge or receipt given on or after 1 January 1970.

Compare

8Money held on trust

  1. Money that, immediately before the commencement of this Act, is held on trust under section 12(4) of the Minors’ Contracts Act 1969 must be treated as if it were money held on trust under section 108.

9Variation of orders referred to in section 13 of Minors’ Contracts Act 1969

  1. Despite its repeal, section 13 of the Minors' Contracts Act 1969 continues to apply to any order referred to in that section as if this Act had not been enacted.

  2. However, a court may vary an order made by it under section 12 of the Minors' Contracts Act 1969 under section 111 as if it were an order made under sections 103 to 109.

Provisions relating to sale of goods

10Application of sale of goods provisions

  1. Part 3 applies to any contract of sale of goods regardless of whether it is made before or after the commencement of this Act.

Provisions relating to carriage of goods

11Application of carriage of goods provisions

  1. Subpart 1 of Part 5 applies to any carriage of goods performed or to be performed by a carrier under a contract regardless of whether the contract is made before or after the commencement of this Act.

Provisions relating to subparts 2 to 5 of Part 5

12Application of subpart relating to mercantile agents

  1. Subpart 2 of Part 5 applies to any sale, pledge, or other disposition regardless of whether it is made before or after the commencement of this Act.

13Application of subpart relating to bills of lading, sea waybills, and ship’s delivery orders

  1. Subpart 3 of Part 5 applies to any bill of lading, sea waybill, or ship’s delivery order (as defined in that subpart) regardless of whether it is issued or given before or after the commencement of this Act.

14Application of subpart relating to delivery of goods and lien for freight

  1. Subpart 4 of Part 5 applies in relation to goods that are, or are to be, entered or landed on or after the commencement of this Act.

15References include references to former provision

  1. For the purposes of section 318, a reference to the previous operation of section 314 includes a reference to the previous operation of section 13B(1) of the Mercantile Law Act 1908.

16Application of subpart relating to lien for work done

  1. Subpart 5 of Part 5 applies to any lien of a kind referred to in section 341 that came into effect on or after 1 July 1988.

  2. Despite its repeal, section 2(3) of the Wages Protection and Contractors’ Liens Act Repeal Act 1987 continues to apply in respect of every matter to which that subsection applied immediately before the repeal of that Act as if this Act had not been enacted.

Compare

Other transitional provisions

17Changes in legal effect do not apply to existing contracts or other arrangements

  1. The changes to the effect of the law in relation to the matters identified in Schedule 2 do not apply to the following (and, accordingly, the effect of the law as expressed in the enactments repealed by this Act continues to apply in relation to those matters):

  2. any promise, contract, or deed made before the commencement of this Act:
    1. any compromise or settlement agreed to, or discharge or receipt given, before the commencement of this Act:
      1. any carriage of goods performed or to be performed by a carrier under a contract made before the commencement of this Act:
        1. any sale, pledge, or other disposition made before the commencement of this Act:
          1. any bill of lading, sea waybill, ship’s delivery order, warrant, or certificate issued or given before the commencement of this Act:
            1. any lien of a kind referred to in section 341 that came into effect before the commencement of this Act.

              18Effect of repeal of revised Acts

              1. Nothing in this schedule limits sections 17 to 22 of the Interpretation Act 1999 (for example, the repeal of an Act by this Act does not affect the validity, invalidity, effect, or consequences of anything done or suffered, the previous operation of the repealed Act, or the bringing or completion of proceedings that relate to an existing right, interest, title, immunity, or duty).

              19References to repealed enactment

              1. A reference in a document to an Act referred to in section 345, or to a provision of such an Act that is repealed by this Act, must, unless the context otherwise requires, be treated as a reference to this Act or to a provision of this Act that, with or without modification, replaces, or that corresponds to, the repealed provision.

              2. In this clause, document

              3. means any instrument, register, record, notice, or other document that is made, given, passed, or executed before the commencement of this Act; but
                1. does not include an enactment.