Contract and Commercial Law Act 2017

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

You could also call this:

"Small changes to make the law clearer and easier to understand"

Illustration for Contract and Commercial Law Act 2017

The Contract and Commercial Law Act 2017 has some minor changes. You can find these changes in the schedule. They help clarify what the law means. Some changes are about contracts and sales. For example, a change to Section 9(2) helps explain when something is considered released or surrendered. Another change to Section 16(1)(b) is about uncertainty in contracts. Other changes are about sales and goods. For example, a change to Section 124(2) is about selling things to people who are not able to make contracts. A change to Section 179 is about how long goods are in transit. There are also changes to other parts of the law. For example, a change to Section 218(2)(e) is about guidelines for courts and tribunals. A change to Section 290 is about selling goods and paying expenses.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6844793.

This page was last updated on 31 January 2026 — View changes

Topics:

Money and consumer rights > Consumer protectionBusiness > Industry rulesBusiness > Fair trading

Schedule 1: Transitional, savings, and related provisions, or

"Rules for when old and new contract laws apply"

Schedule 3: Comparative table, or

"A table that compares old and new laws to help you understand the changes."

2Minor amendments to clarify Parliament’s intent or reconcile inconsistencies Empowered by s 4(2)

The following table is medium in size and has 3 columns. Column 1 is headed Provision of this Act, column 2 is headed Provision of revised Act, and column 3 is headed Nature of intended change.
Provision of this Act	Provision of revised Act	Nature of intended change
Section 9(2)	Section 6(2)(d) of the Illegal Contracts Act 1970; section 8(3) of the Contractual Mistakes Act 1977	The provision relating to when matters are treated as having been released or surrendered for the purposes of paragraph (d) of the definition of disposition is extended to cover a contract, power, or thing in action.
Section 16(1)(b)	Section 7(1)(b) of the Contracts (Privity) Act 1982	The provision relating to uncertainty about whether a variation or discharge is prevented is extended to cover an obligation (as well as a promise).
Sections 25 and 26	Section 6(2) of the Contractual Mistakes Act 1977	The provisions are clarified as applying for the purposes of relief (regardless of whether the relief is granted in the course of any proceeding or on an application made for the purpose).
Sections 28(3), 76(4), and 95(3)	Section 7(5) of the Contractual Mistakes Act 1977; section 7(5) of the Illegal Contracts Act 1970; section 7(2) of the Minors’ Contracts Act 1969	The provisions relating to court orders concerning property are clarified to provide for orders to relate to the whole or any part of the property and for directions to deliver possession of the property to any other party to the proceeding.
Section 124(2)	Section 4(1) of the Sale of Goods Act 1908	The provision about the sale of necessaries to a person who is incompetent to contract is amended to refer to a person who is incompetent to contract by reason of intoxication (rather than drunkenness).
Section 179	Section 46(1) of the Sale of Goods Act 1908	The provision about the duration of transit is extended to refer to carriers by air (as well as carriers by land or water).
Section 195(3)(a)	Section 54(1)(a) of the Sale of Goods Act 1908	The provision about a remedy for a breach of warranty is clarified to allow the buyer to rely on the breach to obtain a reduction in, or the satisfaction of, the price.
Section 218(2)(e)	Section 14(2)(e) of the Electronic Transactions Act 2002	The provision about guidelines issued by a court or tribunal is extended to refer to other bodies specified in Part 4 of Schedule 5.
Section 290	Section 25(2) of the Carriage of Goods Act 1979	The provision is amended to refer to expenses reasonably incurred in arranging and conducting sale, and to paying the balance to the owner of the goods, to be consistent with other references to the ability to deduct expenses.
Sections 296, 312, 325, and 341	Sections 2, 13, and 21 of the Mercantile Law Act 1908 and section 3 of the Wages Protection and Contractors' Liens Act Repeal Act 1987	A consistent definition of goods is included.
Section 308(2) and (3)	Section 11(b) of the Mercantile Law Act 1908	The provision about the owner’s rights is amended to refer to the Official Assignee or a liquidator (rather than a trustee in bankruptcy).
Section 312	Section 13(1) of the Mercantile Law Act 1908	The definition of information technology is aligned with concepts in the Electronic Transactions Act 2002.
Section 321	Section 14 of the Mercantile Law Act 1908	The provision about rights not being affected is expressly made subject to section 306 (the equivalent of section 9 of the Mercantile Law Act 1908).
Section 325(1)	Section 21 of the Mercantile Law Act 1908	The definitions of entry and report have been amended for consistency with the Customs and Excise Act 1996.
Section 327(2)	Section 22(d) of the Mercantile Law Act 1908	The provision about where dutiable goods may be landed is amended to refer to requirements imposed by or under the Customs and Excise Act 1996.
Section 336(3)	Section 27 of the Mercantile Law Act 1908	The provision about a wharf owner or warehouse owner selling goods by public auction is amended to clarify that the sale may be at any time after the expiry of 90 days (rather than at the expiry of 90 days).