Partnership Law Act 2019

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 Partnership Law Act 2019

The Partnership Law Act 2019 has some minor changes to make things clearer. You can find these changes in the schedule called "Minor amendments to clarify Parliament’s intent or reconcile inconsistencies", which is empowered by s 4(2). These changes affect different parts of the Act, like section 26, sections 32 and 33 and [LMS206028.html], and section 42(1)(a).

Some of these changes are about how partners can use trust property, or how a partner who leaves a firm is treated. For example, section 42(3) now says the District Court can give directions if a judgment creditor applies for an order. Other changes are about keeping partnership records, like sections 52 and 57 and [LMS206057.html], which now refer to the partnership's records being reasonably available.

The changes also affect how a partnership can be dissolved, like in section 70(2), which says the other partners must all agree to dissolve the partnership if a partner's interest in property is charged. Some words and phrases have been updated to be clearer, like in section 72(a), which no longer refers to being "mentally disordered by inquisition", and now aligns with the Senior Courts Act 2016.

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This page was last updated on 2 October 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS206119.

Topics:

Family and relationships > Marriage and partnershipsMoney and consumer rights > Consumer protectionBusiness > Industry rules

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

"Rules for when the new partnership law started and how it affects old partnerships"

Schedule 3: Comparative table, or

"A table that compares the old and new partnership laws to help you find similar parts."

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 Partnership Act 1908, and column 3 is headed Nature of intended change.
Provision of this Act	Provision of Partnership Act 1908	Nature of intended change
Section 26	Section 16(b)	The provision relating to improper use of trust property for partnership purposes is amended to consistently refer to trust property as opposed to trust money.
Sections 32 and 33 (and section 7(2))	Sections 20(2) and (3) and 39(3)	The provisions relating to liability of a partner who leaves a firm have been amended by replacing the references to a “partner who retires” and “a retiring partner” (and similar references) with references to leaving the firm (in combination with a definition of leaves in section 7(2)).
Section 42(1)(a)	Section 26(2)	The provision relating to charging a partner’s interest for their separate debt is amended to omit a reference to an application by summons.
Section 42(3)	Section 26(2A)	The provision relating to the power of the District Court to charge a partner’s interest for their separate judgment debt has been extended in section 42(3) to allow directions to be given if a judgment creditor applies for an order or a direction.
Sections 52 and 57	Sections 27(i) and 34	The provisions about access to, and inspection of, the partnership books are amended to refer to the partnership’s records. In addition, the provision about keeping those records at the place or principal place of business of the partnership is amended to refer to the records being reasonably available at that place.
Section 66	Section 35	The provision about notice of dissolution is amended to refer to the date on which notice is received rather than the date of communication.
Section 70(2)	Section 36(2)	The provision relating to how a partnership may be dissolved if a partner’s interest in property is charged is amended in section 70(2) to clarify that the decision by the other partners to dissolve the partnership must be unanimous.
Section 72(a)	Section 38	The provision relating to how a court may dissolve a partnership has been updated to remove a reference to being found to be mentally disordered by inquisition. The terminology is updated to align with the wording in section 14(1)(a) of the Senior Courts Act 2016.
Section 73(1)(b)(i)	Section 38(a)	The provision relating to an application to a court to dissolve a partnership has been updated to refer to a manager appointed under the Protection of Personal and Property Rights Act 1988, rather than to a committee.
Section 74	Section 40	The provision relating to public notification of a partnership being dissolved has been updated and clarified to require the partners to consent to, and co-operate with, the notification process (rather than requiring concurrence). References to a “partner who retires” and “a retiring partner” have been updated to refer to leaving a firm (in combination with a definition of leaves in section 7(2)).