Contract and Commercial Law Act 2017

Monday, April 10, 2017

Passed on 1 March 2017, the Contract and Commercial Law Act 2017 ("CCLA") represents a step taken by our Parliament to consolidate and modernise New Zealand's law relating to contracts and sales.  The CCLA will come into force on 1 September 2017.

The CCLA can be treated like a 'greatest hits' album:  a compilation of old tracks, digitally remastered for modern day application.  The CCLA repeals eleven existing commercial statutes and puts the key provisions under one act, in synchronised, modern language. The eleven original statutes being repealed are as follows:

(a)    Sale of Goods Act 1908;

(b)    Mercantile Law Act 1908 (other than Part 5);
(c)    Frustrated Contracts Act 1944;
(d)    Minors' Contracts Act 1969;
(e)    Illegal Contracts Act 1970;
(f)     Contractual Mistakes Act 1977;
(g)    Contractual Remedies Act 1979;
(h)    Carriage of Goods Act 1979;
(i)     Contracts (Privity) Act 1982;
(j)     Sale of Goods (United Nations Convention) Act 1994; and
(k)    Electronic Transactions Act 2002.

Aside from the modernisation of the statutory text, Schedule 2 lists the minor tweaks made to some provisions.  These tweaks were made to either clarify Parliament's intention or reconcile prior inconsistencies.  The substance of the existing law remains intact.

The CCLA will affect contracts entered into before 1 September 2017 only to the extent set out in the schedules.  The CCLA will however apply in full to all contracts entered into on or after 1 September 2017.

Businesses at this stage can begin amending any standard terms and conditions or template documents to refer the CCLA in place of any of the repealed statutes.  By 1 September 2017 all new contracts ought to reference, where applicable, the CCLA.

Kindly direct any enquiries to:

James Turner, Partner, on (09) 966 3603 ( or any member of the Albany Litigation Team.


This article is published for general information purposes only.  Legal content in this article is necessarily of a general nature and should not be relied upon as legal advice.  If you require specific legal advice in respect of any legal issue, you should always engage a lawyer to provide that advice.   

Recent Posts


Residential Invalid wills Financial services Skilled migrant points Trustee Duties Limitation defence Family Trusts Insurance Acknowledgment Undue influence Economic disadvantage ''Best Endeavours'' Personal Physical abuse Testamentary Promises Break up Vessel survey Shareholders' Agreement Recovery of money Marriage Terms of Trade Re Estate of Campbell Frustration Immigration New Zealand Civil union Wills Subsidies Executors duty WINZ Will Property (Relationships) Act 1976 Family Protection Act 1955 Due Diligence Living standards Hawkes Bay Trustee Company Limited v Judd Compensation Companies Act 1993 Changes Tenant Fair Trading Act 1986 Sale of Goods Litigation Interpretation Act 1999 Deceased's wishes Vessel surveyor Wills Act 2007 Section 14 Consumer credit contracts Lankow v Rose Zero Hour Contracts Asset Protection KiwiSaver Principal Income Legislation update Section 15A Commercial Law Gifting Limitation Act 1950 Grey Power Abuse Visa application Fair share Ship Wills Act 2007 Limitation period Wills Act 2007 Section 11 Charity begins at home Interpretation Act 1999 Section 29 Ministry Administrators duty De facto Trust Confidentiality Resident Visa Murrell v Hamilton Twelve years Elder Law Re Estate of Feron Section 182 Family Proceedings Act 1980 Trusts Bill Eviction Part payment Will that do Employment Work and Income Health and Safety Reform Bill Ministry of Social Development Erceg v Erceg Trusts Temper Lease Ilott v Mitson 2017 UKSC 17 Property Verbal abuse Unfair contract terms Financial Markets Conduct Act 2013 (FMCA) Personal Properties and Securities Act 1999 Albany Office Contract Law Wills Act 2007 Section 8 Immigration Interpretation of documents Character requirements Testamentary writing Contract and Commercial Law Act 2017 Financial services provider (FSP) Body Corporate Tamarapa v Byerley Expression of interest Division of Functions Acknowledgment of Debt Business Directors' Duties Vessel Sale and Purchase Rest Home Subsidies Loss of income Psychological abuse Seperation Privacy Act 1993 Gifts Limitation Act 2010 Domestic Violence Act 1995 Estate Administration Testamentary freedom Broadbent v Ministry of Social Development Domestic violence Partnership based work visa Tenants Clayton case Credit Contracts and Consumer Finance Act 2003 (CCCFA) Case Study Company Law Lump sum Commercial Property Protection Order Beneficiary Rights Section 15 Duress Skilled migrant Repayment Trust busting Valid wills Testamentary capacity Amundson v Raos Financial Advisers Act 2008 Anti-money laundering (AML) Claims against estates Wilson v Donnellan Resident Auckland Office Landlord Lease Titles Pattern of offending SN v MN [2017] NZCA 289 Intellectual Property Six years Commercial Creating Trusts Trust Check Up SMC Protector Blackwell v Hollings Financial products Mortgagee Charities Mortgagor Reckless Trading Offending Validity of Wills Constructive trusts Partner of resident Mortgage Maritime Law Interest White v White Document Disclosure Relationship Property Charity Violence