Contracts (Privity) Amendment Act 2002

Contracts (Privity) Amendment Act 2002

Public Act2002 No 77
Date of assent18 December 2002

The Parliament of New Zealand enacts as follows:

1 Title
  • (1) This Act is the Contracts (Privity) Amendment Act 2002.

    (2) In this Act, the Contracts (Privity) Act 1982 is called the principal Act.

2 Commencement
  • This Act comes into force on the day after the date on which it receives the Royal assent.

3 Interpretation
  • Section 2 of the principal Act is amended by repealing the definition of Court, and substituting the following definition:

    Court means, in relation to any matter, the court, tribunal, or arbitral tribunal by or before which the matter falls to be determined.

4 Limitation on variation or discharge of promise
  • Section 5 of the principal Act is amended by omitting the word arbitrator in each place where it occurs, and substituting in each case the words arbitral tribunal.

5 Availability of defences
  • Section 9(1) of the principal Act is amended by omitting the words or an arbitration.

6 Sections 10 and 11 repealed
  • The principal Act is amended by repealing sections 10 and 11.

7 New section 13A inserted
  • The principal Act is amended by inserting, after section 13, the following section:

    13A Act does not apply to promises, contracts, or deeds governed by foreign law
    • This Act does not apply to any promise, contract, or deed, or any part of any promise, contract, or deed, that is governed by a law other than New Zealand law.


Legislative history

12 December 2002Divided from Statutes Amendment Bill (No 2) (Bill 198-2), third reading