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Part 3—Nature of drafting change

THIS CONSULTATION IS NOW CLOSED.

Request for Submission; Introduction »
Part 1—The Revision process »
Part 2—The draft Bill »
Part 3—Nature of drafting change
Part 4—Issues noted for possible future reform »


This Part records where the provisions of each Act can be found in the Bill and the nature of the drafting change that has been made in each case. Drafting changes are recorded using one of the following descriptions:

  • No change
  • Textual change (minor grammatical)
  • Textual change
  • Textual change and structural change
  • Structural change.

A small number of provisions with minor amendments to legal effect are also identified (see Part 2 of this explanatory material for further information).

New provisionTitle of new provisionOld provisionNature of change
Contracts Privity Act 1982
10 Purpose Long Title Textual change
11 Interpretation (beneficiary) 2 Textual change and structural change
11 Interpretation (benefit) 2 No change
11 Interpretation (contract) 2 Structural change
9 Interpretation (court) 2 Structural change
11 Interpretation (promisee) 2 No change
11 Interpretation (promisor) 2 No change
12 Deed or contract for benefit of person who is not party to deed or contract 4 Textual change and structural change
13 Section 12 does not apply if no intention to create obligation enforceable by beneficiary 4 Textual change and structural change
14 Variation or discharge of promise may require beneficiary's consent 5 Textual change and structural change
15 Variation or discharge by agreement or in accordance with express provision 6 Textual change (minor grammatical)
16 Court may authorise variation or discharge 7 Textual change and structural change
This provision contains a minor amendment (see Schedule 2 of the Bill)
17 Enforcement by beneficiary 8 Textual change and structural change
18 Availability of defences 9 Structural change
19 This subpart does not apply to promises, contracts, or deeds governed by foreign law 13A Textual change
20 Savings 14(1) Textual change and structural change
Contractual Mistakes Act 1977
21 Purpose of this Subpart 4 Textual change and structural change
22 This subpart to be code 5 Textual change and structural change
23 Interpretation (mistake) 2 Textual change and structural change
9 Interpretation (court) 2 Structural change
9 Interpretation (disposition) 8 This provision contains a minor amendment (see Schedule 2 of the Bill)
24 Relief may be granted if mistake by one party is known to another party or is common or mutual 6 Textual change and structural change
This provision contains a minor amendment (see Schedule 2 of the Bill)
25 Mistake does not include mistake in interpretation of contract 6(2)(a) Textual change and structural change
This provision contains a minor amendment (see Schedule 2 of the Bill)
26 Decision to enter into contract not influenced by mistake if party aware of it 6(2)(b) Textual change and structural change
This provision contains a minor amendment (see Schedule 2 of the Bill)
27 Mistake caused by party seeking relief 7(2) Textual change and structural change
28 Nature of relief 7(3) Textual change and structural change
This provision contains a minor amendment (see Schedule 2 of the Bill)
29 Court may grant relief to person claiming through or under party 7(1) Textual change and structural change
30 Persons who may apply 7(4) Textual change and structural change
31 Rights of third persons not affected 8 Textual change and structural change
9 Interpretation 8(3) Textual change and structural change
32 This subpart does not apply to contracts governed by foreign law 11A Textual change
Contractual Remedies Act 1979
33 Meaning of cancel 2 Textual change and structural change
34 Remedy provided in contract 5 Textual change (minor grammatical)
35(1) Damages for misrepresentation 6(1) Textual change (minor grammatical)
35(2) Damages for misrepresentation 6(2) Textual change
36 Party may cancel contract if another party repudiates it 7(2) Textual change and structural change
37(1), (2) Party may cancel contract if induced to enter into it by misrepresentation or if term is or will be breached 7(3), (4) Textual change (minor grammatical)
37(3) Party may cancel contract if induced to enter into it by misrepresentation or if term is or will be breached 7(3), (4) Textual change and structural change
38 No cancellation if contract is affirmed 7(5) Structural change
39(1) Parties with substantially same interest 7(6) Structural change
39(2) Parties with substantially same interest 7(7) Structural change
40 Sections 36 to 39 have effect in place of rules of common law and of equity 7(1) Textual change and structural change
41 When cancellation may take effect 8(1), (2) Textual change (minor grammatical)
42(1) Effect of cancellation 8(3) No change
42(2) Effect of cancellation 8(3) Structural change
42(3) Effect of cancellation 8(4) Textual change (minor grammatical)
43(1) Power of court to grant relief 9(1) Structural change
43(2)–(4) Power of court to grant relief 9(1), (2) Textual change and structural change
44 Order for relief may be subject to terms and conditions 9(3) Textual change and structural change
45 Matters court must have regard to 9(4) Textual change (minor grammatical)
46 Protection of purchaser of property in good faith and for valuable consideration 9(5) Textual change (minor grammatical)
47 Party who has altered  position 9(6) Textual change and structural change
48 Persons who may apply 9(7) Textual change (minor grammatical)
49 Recovery of damages 10 Textual change and structural change
50 Statement, promise, or undertaking during negotiations 4(1) Textual change and structural change
51 Authority for making or giving statement, promise, or undertaking 4(2) Textual change and structural change
52 Contracts for sale of goods 4(3) Textual change and structural change
53 Proceeding before Disputes Tribunal 4(4) Textual change and structural change
54 Remedies enforceable by or against assignee 11(1) Textual change and structural change
55 Damages may not exceed value of performance of assigned contract 11(2) Textual change and structural change
56 Assignee indemnified by assignor 11(3) Textual change and structural change
57 Other provisions relating to assignees 11(4), (5) Textual change and structural change
58 This subpart does not apply to contracts governed by foreign law 14A Textual change (minor grammatical)
59(1) Savings 15 Textual change (minor grammatical)
59(2) Savings 15 Textual change and structural change
Frustrated Contracts Act 1944
60 Application 3(1) Textual change and structural change
61 Money paid may be recovered and money payable ceases to be payable 3(2) Textual change and structural change
62 Court may allow party who has incurred expenses to retain or recover money 3(2) Textual change and structural change
63 Sum may be recovered if party has obtained valuable benefit 3(3) Textual change and structural change
64 Benefit may be treated as being obtained 3(6) Textual change and structural change
65 Estimates of expenses 3(4) Textual change and structural change
66 Money payable under contract of insurance 3(5) Textual change and structural change
8 Act binds the Crown 4(2) Textual change and structural change
67 Court must give effect to provision in contract 4(3) Textual change and structural change
68 Court must treat performed part of contract that can be properly severed as separate contract 4(4) Textual change and structural change
69(a) This subpart does not apply in certain circumstances 4(5)(a), Textual change and structural change
69(b) This subpart does not apply in certain circumstances 4(5)(b) Textual change and structural change
69(c) This subpart does not apply in certain circumstances 4(5)(c) Textual change and structural change
Illegal Contracts Act 1970
9 Interpretation 6 This provision contains a minor amendment (see Schedule 2 of the Bill).
70 Interpretation (enactment) 2 Textual change and structural change
70 Interpretation (property) 2 Textual change (minor grammatical)
71 Illegal contract defined 3 Textual change and structural change
8 Act binds the Crown 4 Textual change
72 Breach of enactment 5 Textual change (minor grammatical)
73 Illegal contracts have no effect 6(1) Textual change and structural change
74 Protection of persons who acquire property in good faith and without notice 6(1) Textual change and structural change
75 Who may be granted relief 7(1) Textual change and structural change
76 Court may grant relief 7(1), (5) Textual change and structural change
This provision contains a minor amendment (see Schedule 2 of the Bill)
77 Order may be subject to terms and conditions 7(6) Textual change and structural change
78 Matters court must have regard to 7(3) Textual change and structural change
79 Court must not grant relief if not in public interest 7(3) Textual change and structural change
80 Person acting with knowledge of facts or law giving rise to illegality 7(4) Textual change and structural change
81 Persons who may apply 7(2) Textual change and structural change
82 Restriction on granting relief otherwise than in accordance with this subpart 7(7) Textual change and structural change
83 Restraints of trade 8 Textual change (minor grammatical)
84 Law relating to restraint of trade and to ouster of jurisdiction not affected 11(1) Textual change and structural change
Minors’ Contracts Act 1969
85 Interpretation 2 Textual change and structural change
86(1), (2) Contracts unenforceable against minors but otherwise have effect 6(1) Textual change and structural change
86(3) Contracts unenforceable against minors but otherwise have effect 5(2) Textual change and structural change
87(1) Court may inquire into fairness and reasonableness of contract 6(2) Structural change
87(2) Court may inquire into fairness and reasonableness of contract 6(2)(a) and (b) Textual change and structural change
88 Court orders where contract was fair and reasonable 6(2)(a) Structural change
89 Court orders where contract was not fair and reasonable 6(2)(b) Structural change
90 Matters court must have regard to 6(3) Structural change
91 Further provisions relating to application of sections 86 to 90 6(4), (5) Textual change (minor grammatical)
92(1) Employment agreements and life insurance contracts have effect as if minor were of full age 5(1) Textual change (minor grammatical)
92(2) Employment agreements and life insurance contracts have effect as if minor were of full age 5(2),(5) Textual change and structural change
93(1), (2) Court may make orders about unconscionable, harsh, or oppressive employment agreement or life insurance contract 5(2) Textual change (minor grammatical)
93(3) Court may make orders about unconscionable, harsh, or oppressive employment agreement or life insurance contract 5(3) Textual change
94(1) Sections 92 and 93 do not apply in certain circumstances 5(5) Textual change and structural change
94(2) Sections 92 and 93 do not apply in certain circumstances 5(4)(d) Textual change and structural change
95(1), (2) Compensation or restitution 7(1) Textual change and structural change
95(3) Compensation or restitution 7(2) Textual change
This provision contains a minor amendment (see Schedule 2 of the Bill)
96 Applications under sections 87 to 89 or section 93 8(1) Textual change and structural change
97 Terms and conditions of orders 8(2) Textual change and structural change
98 Minor may enter into contract with approval of District Court 9(1) Textual change (minor grammatical)
99 Persons who may apply 9(2) Textual change
100(1), (2) Referral of application 9(3) Textual change and structural change
100(3) Referral of application 9(4) Textual change
100(4) Referral of application 9(4) Textual change and structural change
101 Contracts relating to property held on trust 9(5) Textual change and structural change
102 Guarantees and indemnities 10 Textual change and structural change
103 Application 12(1) Textual change and structural change
104(1) Claim that is not subject of proceeding 12(1)(a) Textual change and structural change
104(2) Claim that is not subject of proceeding 12(7) Textual change and structural change
105 Claim that has become subject of proceeding 12(1)(b) Textual change and structural change
106 Who may apply for approval 12(2) Textual change and structural change
107 Court may refuse or grant approval 12(3) Textual change and structural change
108 Money or damages to be held on trust 12(4) Textual change and structural change
109 Payment on minor reaching 18 years or marrying orentering into civil union or de facto relationship 12(5) Textual change and structural change
110 Provisions do not limit or affect certain other provisions 12(8) Textual change (minor grammatical)
111 Variation of certain orders 13(1) Textual change and structural change
112 Order may be made on court’s own motion or on application 13(2) Textual change (minor grammatical)
113 Jurisdiction of District Courts 14 Textual change (minor grammatical)
114(1), (2) Jurisdiction of Disputes Tribunals 14A(1), (2) Textual change (minor grammatical)
114(3) Jurisdiction of Disputes Tribunals 14A(2) Structural change
114(4) Jurisdiction of Disputes Tribunals 14A(3) Textual change (minor grammatical)
115(1), (2) This subpart to be code 15(1), (3) Textual change and structural change
115(3), (4) This subpart to be code 15(4) Textual change and structural change
116 Effect of this subpart on trust 16(1) Textual change and structural change
117 Agreement to extinguish or vary trust may be approved 16(2)–(4) Textual change and structural change
Sale of Goods Act 1908
118(1) Interpretation (action) 2(1) Textual change (minor grammatical)
118(1) Interpretation (buyer) 2(1) No change
118(1) Interpretation (contract of sale) 2(1) No change
118(1), (4) Interpretation (deliverable state) 2(4) Textual change and structural change
118(1) Interpretation (delivery) 2(1) No change
118(1) Interpretation (document of title to goods) 2(1) Textual change and structural change
118(1) Interpretation (fault) 2(1) No change
118(1) Interpretation (future goods) 2(1) Textual change
118(1), (2) Interpretation (good faith) 2(2) Textual change and structural change
118(1) Interpretation (goods) 2(1) Textual change and structural change
118(1) Interpretation (insolvent) 2(3) Textual change and structural change
118(1) Interpretation (mercantile agent) 27(3) Textual change and structural change
118(1) Interpretation (perfected security interest) 27(3) Textual change and structural change
118(1) Interpretation (plaintiff) 2(1) Textual change (minor grammatical)
118(1) Interpretation (price) 2(1) Textual change
118(1) Interpretation (property) 2(1) No change
118(1) Interpretation (quality of goods) 2(1) Textual change
118(1) Interpretation (sale) 2(1) No change
118(1) Interpretation (seller) 2(1) No change
118(1) Interpretation (specific goods) 2(1) No change
118(1) Interpretation (warranty) 2(1) Textual change (minor grammatical)
118(1) Interpretation (writ of execution) 2(1) Textual change (minor grammatical)
118(2) Interpretation (good faith) 2(2) Textual change
118(3) Interpretation (insolvent) 2(3) Textual change
118(4) Interpretation (deliverable state) 2(4) Textual change
119 Contract of sale of goods 3(1) Textual change and structural change
120 Contracts of sale may be between one part-owner and another 3(2) Textual change and structural change
121 Contracts of sale may be absolute or conditional 3(3) Structural change
122 Sale and agreement to sell 3(4), (5) Textual change and structural change.
123 Capacity to buy and sell 4 Textual change and structural change
This provision contains a minor amendment (see Schedule 2 of the Bill)
124 How contract of sale is made 5 Textual change and structural change
125 Existing or future goods 7 Textual change and structural change
126 Contract void if goods have perished without seller's knowledge 8 Textual change
127 Goods that perish before sale but after agreement to sell 9 Textual change and structural change
128 Fixing contract price 10 Textual change and structural change
129(1), (2) Agreement to sell at valuation 11(1) Textual change and structural change
129(3) Agreement to sell at valuation 11(2) Textual change
130(1), (3) Stipulations about time 12(1), (3) Textual change
130(2) Stipulations about time 12(2) No change
131 Conditions and warranties 13(2) Textual change
132 Breach of condition to be fulfilled by seller 13(1), (3) Textual change (minor grammatical)
133 Impossibility or other excuse 13(4) Textual change
134(1)(a) Implied condition and warranties as to title and quiet possession 14(a) Textual change and structural change
134(1)(b), (c) Implied condition and warranties as to title and quiet possession 14(b), (c) Textual change (minor grammatical)
134(2) Implied condition and warranties as to title and quiet possession 14 Textual change and structural change
135 Sale by description 15 Textual change and structural change
136 Implied conditions or warranties as to quality or fitness 16 Textual change and structural change
137 Implied condition that goods are reasonably fit for purpose 16(a) Textual change and structural change
138 Implied condition that goods are of merchantable quality 16(b) Textual change and structural change
139 Implied warranty or condition by usage of trade 16(c) Textual change and structural change
140 Express warranty or condition 16(d) Textual change and structural change
141(1), (2) Sale by sample 17(1), (2) Textual change and structural change
142 Goods must be ascertained 18 Textual change
143(1) Property is transferred when parties intend 19(1) Textual change
143(2) Property is transferred when parties intend 19(2) Textual change and structural change
144 Ascertaining parties’ intention 20 Textual change
145(1) Rules for ascertaining parties’ intention 20, Rule 1 Textual change and structural change
145(2) Rules for ascertaining parties’ intention 20, Rule 1 Textual change and structural change
145(3) Rules for ascertaining parties’ intention 20, Rule 2 Textual change
145(4) Rules for ascertaining parties’ intention 20, Rule 3 Textual change and structural change
145(5)(a) Rules for ascertaining parties’ intention 20, Rule 4(a) Textual change and structural change
145(5)(b) Rules for ascertaining parties’ intention 20, Rule 4(b) Textual change and structural change
145(6) Rules for ascertaining parties’ intention 20, Rule 5(1) Textual change
145(7) Rules for ascertaining parties’ intention 20, Rule 5(1) Textual change and structural change
145(8)(a) Rules for ascertaining parties’ intention 20, Rule 5(1) Textual change and structural change
145(8)(b) Rules for ascertaining parties’ intention 20, Rule 5(2) Textual change and structural change
146 Reservation of right of disposal 21 Textual change and structural change
147 Risk passes with property unless otherwise agreed 22 Textual change and structural change
148(1)–(3) Sale by person who is not owner 23(1) Textual change and structural change
148(4)(a)–(c) Sale by person who is not owner 23(2)(a)–(c) Textual change and structural change
149 Market overt 24 Textual change (minor grammatical)
150 Sale under voidable title 25 Textual change and structural change
151 Revesting of property in stolen goods on conviction of offender 26 Textual change
152 Seller in possession after sale 27(1), (1A) Textual change and structural change
153(1)(2) Buyer in possession after sale 27(2), (2A) Textual change and structural change
153(4) Buyer in possession after sale 27(2A) Textual change and structural change
154 Effect of writs of execution 28 Textual change and structural change
155 Duties of seller and buyer 29 Textual change
156 Payment and delivery are concurrent conditions 30 Textual change and structural change
157 Determining whether buyer to take possession of goods or seller to send goods 31(1) Textual change
158 Place of delivery 31(2) Textual change and structural change
159 Goods must be sent within reasonable time if no time is fixed 31(3) Textual change
160 Goods in possession of third person 31(4) Textual change
161 Demand or tender of delivery must be at reasonable hour 31(5) Textual change and structural change
162 Seller must bear expenses of putting goods into deliverable state 31(6) Textual change and structural change
163 Delivery of wrong quantity or of mixed goods 32 Textual change and structural change
164 Buyer not bound to accept delivery by instalments 33(1) No change
165 Instalment deliveries: breach of contract 33(2) Textual change and structural change
166 Delivery to carrier 34 Textual change and structural change
167 Risk where goods are delivered at distant place 35 Textual change and structural change
168 Buyer’s right to examine goods 36 Textual change (minor grammatical)
169 Acceptance of goods 37 Textual change and structural change
170 Buyer not bound to return rejected goods 38 Textual change and structural change
171 Liability of buyer for neglecting or refusing to take delivery of goods 39 Textual change and structural change
172 Unpaid seller defined 40 Textual change
173(1)–(3) Unpaid seller’s rights 41(1) Textual change and structural change
173(4) Unpaid seller’s rights 41(2) Textual change
174(1), (3) Unpaid seller’s lien 42(1), (2) Textual change (minor grammatical)
174(2) Unpaid seller’s lien 42(1) Textual change and structural change
175 Part delivery 43 Textual change (minor grammatical)
176 When unpaid seller loses lien 44 Textual change (minor grammatical)
177 Right to stopgoods in transit 45 Textual change and structural change
178(1) Duration of transit 46(1) Textual change
This provision contains a minor amendment (see Schedule 2 of the Bill)
178(2), (3) Duration of transit 46(2), (3) Textual change (minor grammatical)
178(4)–(6) Duration of transit 46(3), (4), (6) Textual change and structural change
179 Goods delivered to ship chartered by buyer 46(5) Textual change and structural change
180 Part delivery 46(7) Structural change
181 How right is exercised 47(1) Textual change and structural change
182 Notice of seller’s claim 47(1) Textual change and structural change
183 Redelivery of goods 47(2) Textual change and structural change
184 Effect of subsale or pledge by buyer 48 Textual change and structural change
185 Transfer of document of title to person in good faith and for valuable consideration 48 Textual change and structural change
186 Sale not generally rescinded by lien or stopping goods in transit 49(1) Textual change and structural change
187 Buyer’s title on resale 49(2) Textual change and structural change
188 Resale in case of perishable goods or notice of intention to resell 49(3) Textual change and structural change
189 Express power of sale 49(4) Textual change and structural change
190 Claim for price 50 Textual change and structural change
191 Damages for non-acceptance 51 Textual change and structural change
192 Damages for non-delivery 52 Textual change and structural change
193 Specific performance 53 Textual change and structural change
194(1)–(3) Remedy for breach of warranty 54(1) Textual change and structural change
This provision contains a minor amendment (see Schedule 2 of the Bill)
194(4) Remedy for breach of warranty 54(2) No change
194(5), (6) Remedy for breach of warranty 54(3), (4) Textual change
195 Interest and special damages 55 Textual change and structural change
196 Exclusion of implied terms and conditions 56 Textual change and structural change
197 Exclusion where Consumer Guarantees Act 1993 applies 56A Textual change
198 Reasonable price and reasonable time are questions of fact 10(3), 57 Textual change (minor grammatical)
199 Rights and duties under Act enforceable by proceeding 58 Textual change (minor grammatical)
200 Savings 60 Textual change and structural change
Sale of Goods (United Nations Convention) Act 1994
201 Purpose Long Title No change
202 Interpretation 2 Textual change (minor grammatical)
203 Convention to have force of law 4 No change
204 Convention to be code 5 No change
205 Certificates about Contracting States 6 Textual change and structural change
Electronic Transactions Act 2002
206 Purpose 3 No change
207 Overview 4 No change
208 Interpretation (data storage device) 5 No change
208 Interpretation (electronic) 5 No change
208 Interpretation (electronic communication) 5 No change
208 Interpretation (electronic signature) 5 No change
208 Interpretation (information) 5 No change
208 Interpretation (information system) 5 No change
208 Interpretation (legal requirement) 5 No change
208 Interpretation (Minister) 5 No change
208 Interpretation (transaction) 5 No change
209 Further provision relating to interpretation 6 No change
8 Act binds the Crown 7 No change
210 Validity of information 8 No change
211 When default rules in sections 211 to 215 apply 9 No change
212 Time of dispatch 10 No change
213 Time of receipt 11 No change
214 Place of dispatch 12 No change
215 Place of receipt 13 No change
216 Time of communication of acceptance of offer 13A No change
217 When subpart applies 14 Textual change
218 When legal requirement can be met by electronic means 15 No change
219 Consent to use of electronic technology 16 No change
220 When integrity of information maintained 17 Textual change (minor grammatical)
221 Legal requirement that information be in writing 18 No change
222 Legal requirement to record information in writing 19 No change
223 Legal requirement to give information in writing 20 No change
224 Legal requirements relating to layout and format of certain information and writing materials 21 No change
225 Legal requirement for signature 22 Textual change (minor grammatical)
226 Legal requirement that signature or seal be witnessed 23 Textual change (minor grammatical)
227 Presumption about reliability of electronic signatures 24 No change
228 Legal requirement to retain document or information that is in paper or other non-electronic form 25 Textual change (minor grammatical)
229 Legal requirement to retain information that is in electronic form 26 Textual change and structural change
230 Extra conditions for electronic communications 27 Textual change (minor grammatical)
231 Legal requirement to provide or produce information that is in paper or other non-electronic form 28 Textual change (minor grammatical)
232 Legal requirement to provide or produce information that is in electronic form 29 Textual change (minor grammatical)
233 Legal requirement to provide access to information that is in paper or other non-electronic form 30 Textual change (minor grammatical)
234 Legal requirement to provide access to information that is in electronic form 31 Textual change (minor grammatical)
235 Originals 32 Textual change (minor grammatical)
236 Legal requirement relating to content of information 33 Textual change (minor grammatical)
237 Copyright 34 Textual change (minor grammatical)
  Review of enactments and provisions excluded from Part 3 35 (Omitted as spent)
238 Regulations and Order in Council to amend Schedule 5 14(3)-(5), 36 Textual change (minor grammatical)
239 Authority to prescribe electronic forms and requirements for using electronic forms 37 No change
  Related amendment to Interpretation Act 1999 38 (Incorporated in Interpretation Act 1999)
Carriage of Goods Act 1979
240 Overview    
241 This subpart applies to carriage of goods by carrier under contract 5(1), (2) Textual change and structural change
242(1)(a) This subpart does not apply to international carriage, to postal services, or in
certain other cases
5(1) Textual change and structural change
242(1)(b) This subpart does not apply to international carriage, to postal services, or in
certain other cases
5(4A) Textual change and structural change
242(1)(c) This subpart does not apply to international carriage, to postal services, or in
certain other cases
4(2) Textual change and structural change
242(1)(d) This subpart does not apply to international carriage, to postal services, or in
certain other cases
5(4) Textual change and structural change
242(2) This subpart does not apply to international carriage, to postal services, or in
certain other cases
5(3) Textual change and structural change
242(3) This subpart does not apply to international carriage, to postal services, or in
certain other cases
5(4) Textual change and structural change
242(4) This subpart does not apply to international carriage, to postal services, or in
certain other cases
5(4B) and 4(2) Textual change and structural change
243 Other remedies affected 6 Textual change
244 Interpretation (actual carrier) 2 Textual change and structural change
244 Interpretation (carriage) 2 Textual change (minor grammatical)
244 Interpretation (carrier) 2 Textual change
244 Interpretation (checked baggage) 2 No change
244 Interpretation (contract of carriage) 2 No change
244 Interpretation (contracting carrier) 2 No change
244 Interpretation (contracting party) 2 No change
244 Interpretation (court) 2 No change
244 Interpretation (goods) 2 Textual change and structural change
244 Interpretation (hand baggage) 2 Textual change
244 Interpretation (incidental service) 2 Textual change and structural change
244 Interpretation (international carriage) 2 Textual change and structural change
244 Interpretation (loss) 2 No change
244 Interpretation (passenger) 2 Textual change
244 Interpretation (ship) 2 No change
245 Meaning of unit of goods 3(1) Textual change and structural change
246 Liability depends on kind of contract of carriage 8(1) Textual change and structural change
247(1) Particular kind of contract of carriage is matter for agreement subject to meeting requirements for that kind 8(3), (5), (6), (7), (9) Textual change and structural change
247(2) Particular kind of contract of carriage is matter for agreement subject to meeting requirements for that kind 8(2), (4) Textual change and structural change
247(3) Particular kind of contract of carriage is matter for agreement subject to meeting requirements for that kind 8(4), (5) Textual change and structural change
248(1)(a) Requirements for contract for carriage at owner’s risk 8(5)(a), (b) Textual change and structural change
248(1)(b) Requirements for contract for carriage at owner’s risk 8(1), (9) Textual change and structural change
248(2) Requirements for contract for carriage at owner’s risk 8(5)(b) Textual change and structural change
249(1) Requirements for contract for carriage on declared terms 8(7) Textual change and structural change
249(2) Requirements for contract for carriage on declared terms 8(8) Textual change (minor grammatical)
249(3) Requirements for contract for carriage on declared terms 8(8) Structural change
250 Requirements for contract for carriage at declared value risk 8(6) Textual change and structural change
251 How to determine whether difference between amounts charged is fair and
reasonable for contract at owner’s risk or declared value risk
8(9), (10) Textual change and structural change
252 Contract between contracting carrier and actual carrier or between actual
carriers
8(11) Textual change and structural change
253(1) Application of sections 254 to 259 8(12) Textual change and structural change
253(2) Application of sections 254 to 259 8(13), (14) Textual change and structural change
254 Liability of contracting carrier 9(1) Textual change and structural change
255 When responsibility begins 9(2), (7) Textual change and structural change
256(1)–(4) When responsibility ends if goods are to be delivered to consignee 9(3) Textual change and structural change
256(5) When responsibility ends if goods are to be delivered to consignee 9(5) Textual change and structural change
257 When responsibility ends if goods are to be collected by consignee 9(3)(b) Textual change and structural change
258 When responsibility ends if consignee’s whereabouts are unknown 9(4) Textual change and structural change
259 When responsibility ends in case of international carriage 9(6) Textual change and structural change
260(1), (2) Carrier’s liability limited to $2,000 for each unit of goods or to declared value 15 Textual change and structural change
260(3) Carrier’s liability limited to $2,000 for each unit of goods or to declared value 8(12), (13), 15(2) Textual change and structural change
261 Unit of goods for purpose of determining limit of liability 3(2) Textual change and structural change
262(1), (2) Carrier not liable in certain circumstances 8(13), 14 Textual change and structural change
262(3) Carrier not liable in certain circumstances 14 Textual change and structural change
263(1) Liability of actual carrier to contracting carrier 10(1) Textual change and structural change
263(2) Liability of actual carrier to contracting carrier 10(2), (3)(a) and (b) Textual change and structural change
263(3) Liability of actual carrier to contracting carrier 10(1) Textual change and structural change
264(1), (2) Liability where 1 actual carrier is involved 10(2) Textual change and structural change
265(1)–(3) Liability where more than 1 actual carrier is involved 10(3) Textual change and structural change
265(4) Liability where more than 1 actual carrier is involved 10(4) Textual change and structural change
266 When actual carriers are jointly responsible or separately responsible 10(5), (6) Textual change and structural change
267 Provisions relating to joint liability of actual carriers 10(7)–(9) Textual change and structural change
268 Contracting party has same rights where contracting carrier insolvent or cannot be found 11 Textual change and structural change
269(1), (2) Liquidator or assignee in bankruptcy holds money on trust 11(2) Textual change and structural change
269(3) Liquidator or assignee in bankruptcy holds money on trust 11(4) Textual change and structural change
270 Special rules relating to liability of carrier in respect of baggage 12(1), (3) Textual change and structural change
271 Other rules relating to hand baggage 12(2), (4), (5) Textual change and structural change
272(1)–(5) Contracts of successive carriage by air 13(2)–(4) Textual change and structural change
272(6) Contracts of successive carriage by air 13(1) Textual change and structural change
273 When successive carriers are jointly responsible or separately responsible 13(5), (6) Textual change and structural change
274 Liability of carrier’s employee 16 Textual change and structural change
275 Contracting party to warrant condition of goods and compliance with enactments 17 Textual change and structural change
276 Contracting out permitted on notice and limitation provisions 7 Textual change and structural change
277 Notice of claim against contracting carrier must be given 18(1) Textual change and structural change
278 Notice of claim must be given within 30 days 18(1), (4) Textual change and structural change
279 Notice of claim against actual carrier must be given within 10 days 18(2) Textual change and structural change
280 No notice required if carrier is or ought to be aware of damage or loss 18(3) Textual change and structural change
281 Carrier may consent to non-notified proceeding being brought 18(5) Textual change and structural change
282 Court may grant leave to bring non-notified proceeding if consent not given 18(6), (7) Textual change and structural change
283 Limitation on proceedings against carriers for loss of goods 19(1) Textual change and structural change
284 Limitation on proceedings against carriers for damage to or partial loss of
goods
19(2) Textual change and structural change
285 Carrier may consent to proceeding being brought after limitation period 19(3) Textual change and structural change
286 Court may grant leave to bring proceeding after limitation period if consent
not given
19(4), (5) Textual change and structural change
287 Proceeding by consignee if not contracting party 20 Textual change and structural change
288 Contracting out permitted on rights of carriers 7 Textual change and structural change
289 Right to sue for freight 21 Textual change
290 Proceeding for recovery of freight 22 Textual change and structural change
291 Carrier’s lien 23(1), (2), (8) Textual change and structural change
292 Notice of carrier’s claim 23(3) Textual change and structural change
293 Carrier may store goods 23(4) Textual change and structural change
294 Sale of goods by public auction 23(5)–(7) Textual change and structural change
295 Storage and disposal of unclaimed or rejected goods 24 Textual change and structural change
296(1)–(3) Disposal of perishable goods 25(1) Textual change and structural change
296(4), (5) Disposal of perishable goods 25(2), (3) Textual change and structural change
297 Disposal of dangerous goods 26 Textual change and structural change
298 Liability of carrier extinguished 27 Textual change and structural change
299 Common carrier of goods abolished 28 Textual change and structural change
300 Proceedings against New Zealand agents of overseas carriers 29 Textual change
301 Certain other Acts not affected 30 Textual change and structural change
Mercantile Law Act 1908
302 Interpretation (document of title) 2 Structural change
302 Interpretation (goods) 2 No change
302 Interpretation (mercantile agent) 2 Structural change
302 Interpretation (pledge) 2 Structural change
303 Sale, pledge, or other disposition by agent in possession with owner's consent is valid 3(1) Textual change and structural change
304 Buyer, etc, has notice of lack of authority if goods subject to perfected security interest 3(1A) Textual change and structural change
305 Effect of withdrawal or expiry of owner’s consent 3(2) Textual change and structural change
306 Provisions relating to consent 3(3), (4) Textual change and structural change
307 Effect of pledges of documents of title 4 Textual change (minor grammatical)
308 Pledge of goods as security for existing debt or liability 5 Textual change (minor grammatical)
309 Rights acquired by exchange of goods or documents 6 Textual change and structural change
310 Agreements through employees or other authorised persons 7 Textual change
311 Consignee’s lien 8 Textual change and structural change
312 Effect of transfer of document of title to goods on vendor’s lien and right of stopping goods in transit 9 Textual change and structural change
313 Mode of transferring documents 10 Structural change
314 Saving of rights of true owner 11 Textual change and structural change
This provision contains a minor amendment (see Schedule 2 of the Bill)
315 Common law powers of mercantile agent 12 Textual change
316 Application of this subpart 1(4), 13A(1) Structural change
317 This subpart does not limit application of Hague Rules 13(7) Textual change (minor grammatical)
318 Interpretation (bill of lading) 13(1)-(3), 13A(2)-(4) Textual change (minor grammatical)
318 Interpretation (contract of carriage) 13(1)-(3), 13A(2)-(4) No change
318 Interpretation (holder) 13(1)-(3), 13A(2)-(4) Textual change (minor grammatical)
318 Interpretation (information technology) 13(1)-(3), 13A(2)-(4) This provision contains a minor amendment (see Schedule 2 of the Bill)
318 Interpretation (network) 13(1)-(3), 13A(2)-(4) No change
318 Interpretation (sea waybill) 13(1)-(3), 13A(2)-(4) Textual change (minor grammatical)
318 Interpretation (ship's delivery order) 13(1)-(3), 13A(2)-(4) Textual change (minor grammatical)
318(2) Interpretation 13(1)-(3), 13A(2)-(4) Textual change and structural change
319 Goods that cease to exist or cannot be identified 13(4) Textual change and structural change
320 Holder of bill of lading or person to whom delivery is to be made has rights under contract of carriage 13B(1) Textual change and structural change
321 Rights where possession of bill of lading no longer gives right to possession of goods  13B(2) Textual change and structural change
322 Rights in relation to ship’s delivery order 13B(3) Textual change and structural change
323 Rights may be exercised for benefit of person who suffers loss or damage 13B(4) Textual change and structural change
324 Transfer extinguishes certain rights 13B(5) Textual change and structural change
325 Person in whom rights are vested becomes subject to liabilities 13C(1), (3) Textual change and structural change
326 Liabilities exclude liabilities in respect of goods to which ship’s delivery order does not relate 13C(2) Textual change and structural change
327 Right of stopping goods in transit, or claims for freight, not affected 14 Textual change and structural change
This provision contains a minor amendment (see Schedule 2 of the Bill)
328 Bill of lading in hands of shipper, consignee, or endorsee is conclusive evidence as against master or other signer of bill 15, 16 Textual change and structural change
329 Regulations relating to network or other information technology 13(5), (6) Textual change and structural change
330 Special provisions about received for shipment bills of lading Mercantile Law Amendment Act 1922,  3 Textual change and structural change
331 Interpretation (entry) 21 Textual change
This provision contains a minor amendment (see Schedule 2 of the Bill)
331 Interpretation (goods) 21 Textual change
331 Interpretation (owner of goods) 21 Textual change (minor grammatical)
331 Interpretation (report) 21 Textual change
This provision contains a minor amendment (see Schedule 2 of the Bill)
331 Interpretation (shipowner) 21 No change
331 Interpretation (warehouse) 21 Textual change (minor grammatical)
331 Interpretation (warehouse owner) 21 Textual change (minor grammatical)
331 Interpretation (wharf) 21 Textual change (minor grammatical)
331 Interpretation (wharf owner) 21 Textual change (minor grammatical)
332 Shipowner may enter and land goods in default of entry and landing by owner of goods 22 Textual change and structural change
This provision contains a minor amendment (see Schedule 2 of the Bill)
333 Place for landing goods 22(c), (d) Textual change and structural change
This provision contains a minor amendment (see Schedule 2 of the Bill)
334 Owner who is ready and offers to land or take delivery of goods 22(e) Textual change and structural change
335 Landing of goods at wharf where ship is discharged for purpose of sorting goods 22(f) Textual change and structural change
336 Requirement for notice in certain circumstances 22(g) Textual change and structural change
337 Continuation of lien for freight if shipowner gives notice 23(1), (2) Textual change and structural change
338 Discharge of lien on production of receipt and delivery of copy of receipt or release 23(3) Textual change and structural change
339 Discharge of lien on deposit with warehouse owner 24 Textual change and structural change
This provision contains a minor amendment (see Schedule 2 of the Bill)
340 Right of wharf owner or warehouse owner, if no notice is given, to pay deposit to shipowner 25 Textual change and structural change
341 Course to be taken if notice to retain is given 26 Textual change and structural change
342 Wharf owner or warehouse owner may sell goods by public auction after 90 days 27 Textual change and structural change
This provision contains a minor amendment (see Schedule 2 of the Bill)
343 Notices of sale to be given 28 Textual change and structural change
344 How money arising from sale is to be applied 29 Textual change and structural change
345 Wharf owner’s or warehouse owner’s rent and expenses 30 Textual change and structural change
346 Wharf owner’s or warehouse owner’s protection 31 Textual change and structural change
347 Interpretation (bonded warehouse) 32 Textual change (minor grammatical)
347 Interpretation (dutiable goods) NA Textual change
347 Interpretation (free warehouse) 32 Textual change and structural change
347 Interpretation (goods) 32 Textual change
347 Interpretation (pledge) 32 Textual change (minor grammatical)
347 Interpretation (pledgee) 32 No change
347 Interpretation (sale) 32 Textual change (minor grammatical)
347 Interpretation (subpurchaser) 32 Textual change and structural change
347 Interpretation (warehouse keeper) 32 Textual change (minor grammatical)
347 Interpretation (warehouse keeper’s records) 32 Textual change (minor grammatical)
This provision contains a minor amendment (see Schedule 2 of the Bill)
347 Interpretation (warehouse owner) 32 Textual change
347 Interpretation (warrant or certificate) 32 Textual change and structural change
348 Unpaid vendor’s lien ends on delivery of bond warrant to good faith holder for value 33 Textual change and structural change
349 Possession of warrant or certificate is evidence of ownership 34 Textual change and structural change
350 Holder of warrant or certificate entitled to delivery 35 Textual change and structural change
351 Registered holder of warrant or certificate must be treated as owner 36 Textual change and structural change
352 Lien of registered transferee of warrant or certificate ends on delivery of warrant or certificate in good faith and for value 37 Textual change and structural change
353 Warrant or certificate of free goods put on same footing as bond warrants 38 Textual change and structural change
354 Provisions apply to both bonded and free warehouses 39 Textual change (minor grammatical)
355 Vendor’s lien not prejudiced except in certain cases 40 Textual change and structural change
This provision contains a minor amendment (see Schedule 2 of the Bill)
356 Goods not to be transferred in records except on production of warrant or certificate 41 Textual change and structural change
357 Special contracts restraining negotiability of warrant or certificate 42 Textual change and structural change
358 Warehouseowner’s lien not prejudiced by sale or transfer of goods 43 Textual change (minor grammatical)

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