Contractual Remedies Amendment Bill

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Contractual Remedies Amendment Bill

(Divided from the Judicature Modernisation Bill)

Government Bill

178—3K

As reported from the committee of the whole House

This Bill was formerly part of the Judicature Modernisation Bill as reported from the Justice and Electoral Committee. The committee of the whole House has further amended the Bill and divided it into the following Bills:

  • Senior Courts Bill comprising clauses 1 and 2, Part 1, and Schedules 1A to 4

  • District Court Bill comprising Part 2 and Schedules 5 to 7

  • Judicial Review Procedure Bill comprising Part 3 and Schedule 8

  • Interest on Money Claims Bill comprising Part 4 and Schedules 9AAA, 9AA, and 9

  • Electronic Courts and Tribunals Bill comprising Part 5

  • Arbitration Amendment Bill comprising subpart 1 of Part 6

  • Bills of Exchange Amendment Bill comprising subpart 2 of Part 6

  • Building Societies Amendment Bill comprising subpart 3 of Part 6

  • Children, Young Persons, and Their Families Amendment Bill comprising subpart 4 of Part 6

  • Companies Amendment Bill (No 2) comprising subpart 5 of Part 6 and Schedule 10

  • this Bill comprising subpart 6 of Part 6

  • Copyright Amendment Bill (No 2) comprising subpart 7 of Part 6

  • Courts (Remote Participation) Amendment Bill comprising subpart 8 of Part 6

  • Criminal Procedure Amendment Bill comprising subpart 9 of Part 6

  • Employment Relations Amendment Bill (No 4) comprising subpart 10 of Part 6

  • Family Courts Amendment Bill comprising subpart 11 of Part 6

  • Insolvency Amendment Bill comprising subpart 12 of Part 6

  • Local Government (Rating) Amendment Bill comprising subpart 13 of Part 6

  • Property Law Amendment Bill comprising subpart 14 of Part 6

  • Remuneration Authority Amendment Bill (No 2) comprising subpart 14A of Part 6

  • Resource Management Amendment Bill comprising subpart 15 of Part 6

  • Te Ture Whenua Maori Amendment Bill comprising subpart 16 of Part 6

  • Trans-Tasman Proceedings Amendment Bill comprising subpart 17 of Part 6

1 Title

This Act is the Contractual Remedies Amendment Act 2016.

2 Commencement

This Act comes into force on 1 March 2017.

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522 Principal Act

This Act amends the Contractual Remedies Act 1979 (the principal Act).

523 New section 4A inserted (Stipulations not essence of contracts)

After section 4, insert:

4A Stipulations not essence of contracts

Stipulations in contracts as to time or otherwise that would not, before 13 September 1882 (the date of the coming into force of the Law Amendment Act 1882), have been deemed to be or to have become the essence of such contracts in a court of equity must receive in all courts the same construction and effect as they would have received in equity before that date.

Compare: 1908 No 89 s 90

· · · · ·

Legislative history

14 September 2016

Divided from Judicature Modernisation Bill (Bill 178–2) as Bill 178–3K