Partnership Law Act 2019

Schedule 1: Transitional, savings, and related provisions

You could also call this:

"Rules for moving from the old partnership law to the new one"

The Partnership Law Act 2019 applies to all partnerships, no matter when they were formed. You should know that when you see a reference to the old Partnership Act 1908 in a document, it now means the new Act, unless it doesn't make sense in that context. This applies to all kinds of documents made before the new Act started, except for other laws.

The rules that courts used to use for partnerships (called equity and common law) still apply, as long as they don't disagree with what the new Act says. This means that the old ways of dealing with partnerships are still important, but the new Act is the most important if there's a difference.

Even though the old Partnership Act 1908 has been replaced, things that happened under that old Act are still valid. The new Act doesn't change the effect of things that were done or decisions that were made when the old Act was in force. If you had rights or duties under the old Act, they're still in place under the new Act.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS206117.


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86: Amendments to other enactments, or

"Changes to other laws are listed in Schedule 4"


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

"Small fixes to make the Partnership Law Act 2019 easier to understand and use"

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

1Provisions relating to this Act as enacted

1Act applies to all partnerships

  1. This Act applies to every partnership regardless of when it was formed.

2References to Partnership Act 1908

  1. A reference in a document to the Partnership Act 1908, or to a provision of that 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to this Act or to a provision of this Act that, with or without modification, replaces, or that corresponds to, the repealed provision.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.

      3Saving for rules of equity and common law

      1. The rules of equity and of common law that apply to a partnership continue to apply except to the extent that they are inconsistent with the express provisions of this Act.

      Compare
      • 1908 No 139 s 3

      4Effect of repeal of Partnership Act 1908

      1. Nothing in this schedule limits sections 17 to 22 of the Interpretation Act 1999 (for example, the repeal of the Partnership Act 1908 by this Act does not affect the validity, invalidity, effect, or consequences of anything done or suffered, the previous operation of the Partnership Act 1908, or the bringing or completion of proceedings that relate to an existing right, interest, title, immunity, or duty).