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New Zealand law explained for everyone

Contract and Commercial Law Act 2017

Other commercial matters - Lien for work done

342: Notice of sale to be given

You could also call this:

“Seller must tell you before selling your things to pay off your debt”

If someone has a right to sell your things because you owe them money, they need to tell you and others about the sale before it happens. They must give at least one week’s notice. If they know your address, they will tell you directly. They also have to put an ad in a local newspaper.

The notice needs to include some important information. It must say the name of the person selling your things, how much money you owe, what items are being sold, when and where the sale will happen, and who the auctioneer is.

When they put the ad in the newspaper, they don’t have to include your name. This helps keep your privacy.

This rule is to make sure you know what’s happening to your things and have a chance to do something about it if you can.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7067810.

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Money and consumer rights > Consumer protection Money and consumer rights > Banking and loans Business > Fair trading
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341: Power of sale under lien for work done, or

"You can sell someone's item if they don't pay you for work you did on it"

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343: How notice of sale is given to owner of goods, or

"Ways to tell someone you're selling their stuff"

Part 5 Other commercial matters
Lien for work done

342Notice of sale to be given

  1. The person entitled to the lien (A) must give at least 1 week's notice of the sale—

  2. to the owner of the goods in accordance with section 343 if the owner's address is known to A; and
    1. by advertisement in a newspaper that—
      1. is published in the area in which the work was done; or
        1. circulates in that area (if there is no newspaper published in that area).

        2. The notice must—

        3. state A’s name; and
          1. state the amount of the debt; and
            1. provide a description of the goods; and
              1. state the time and place of sale; and
                1. state the name of the auctioneer.

                  1. The advertisement does not need to specify the name of the owner.

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