Contractual Remedies Amendment Act 2002

Contractual Remedies Amendment Act 2002

Public Act2002 No 79
Date of assent18 December 2002

The Parliament of New Zealand enacts as follows:

1 Title
  • (1) This Act is the Contractual Remedies Amendment Act 2002.

    (2) In this Act, the Contractual Remedies Act 1979 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 Cancellation of contract
  • Section 7 of the principal Act is amended by omitting from subsections (3)(b) and (c) and (4)(a) the word stipulation wherever it occurs, and substituting in each case the word term.

5 Rules applying to cancellation
  • Section 8(1) of the principal Act is amended by repealing paragraph (b), and substituting the following paragraph:

    • (b) before the time at which the party cancelling the contract evinces, by some overt means reasonable in the circumstances, an intention to cancel the contract, if—

      • (i) it is not reasonably practicable for the cancelling party to communicate with the other party; or

      • (ii) the other party cannot reasonably expect to receive notice of the cancellation because of that party's conduct in relation to the contract.

6 Sections 12 and 13 repealed
  • The principal Act is amended by repealing sections 12 and 13.

7 New section 14A inserted
  • The principal Act is amended by inserting, after section 14, the following section:

    14A Act does not apply to contracts governed by foreign law
    • This Act does not apply to any contract, or any part of any contract, 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