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133A Central Park Drive
Waitakere City
Auckland 0610
New Zealand
Phone: +64 9 837 0550
Fax: +64 9 838 7187
Email: info@corbanrevell.co.nz

Contract and Commercial Law Act 2017

The CCLA comes into force on 1 September 2017.  It repeals 11 existing commercial Acts and places it under one Act.

The 11 original Acts being repealed are as follows:

·           Contracts (Privity) Act 1982;

·           Contractual Mistakes Act 1977;

·           Contractual Remedies Act 1979;

·           Frustrated Contracts Act 1944

·           Illegal Contracts Act 1970;

·           Minors’ Contracts Act 1969;

·           Sale of Goods Act 1908;

·           Sale of Goods (United Nations Convention) Act 1994;

·           Electronic Transactions Act 2002;

·           Carriage of Goods Act 1979;

·           Mercantile Law Act 1908 (other than Part 5).

 

When this Act was passed in Parliament, the press release from the Attorney-General, Christopher Finlayson, he stated “it was legislation to modernise and bring together important law underpinning contracts and commercial transactions.  He further added that the substantive law has not changed but the rules contained in 11 contract and commercial Acts have been revised and consolidated into a single piece of legislation”.

CCLA will apply in full to all contracts entered into on or after 1 September 2017.  For contracts entered into before 1 September 2017, there are some minor changes and will also need to refer to the CCLA schedules.

Next steps:

·           Ahead of the commencement date of the Act, on 1 September 2017, it will be useful for your company’s terms of trade to refer to the CCLA in place of the outgoing Acts.  On or after 1 September 2017 the CCLA will apply in full.

 

Please direct any queries regarding the CCLA  to Anita Allan, Associate for on 837 0550 or by email at aallan@corbanrevell.co.nz.