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 provision | Title of new provision | Old provision | Nature 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) |
