Property Law Amendment Act 2016

1: Title
This Act is the Property Law Amendment Act 2016.
2: Commencement
This Act comes into force on 1 March 2017
3: Principal Act
This Act Property Law Act 2007 principal Act 2017-03-01 Property Law Act 2007
4: New section 27A inserted (Writing required for discharge of debt by acceptance of part in satisfaction)
After section 27
27A: Writing required for discharge of debt by acceptance of part in satisfaction
1: An acknowledgement in writing by a creditor, or by any person authorised by the creditor in writing, of the receipt of a part of the creditor's debt in satisfaction of the whole debt operates as a discharge of the debt.
2: This section applies despite anything to the contrary in any rule of law. 1908 No 89 s 92
5: New subpart 5A of Part 2 inserted
After section 53
5A: Assignment of securities and rights of creditor to surety who pays debt
53A: Interpretation
In this subpart, debt payment of a debt
53B: Surety who pays debt entitled to assignment of all securities held by creditor
1: Every person ( person A
2: Subsection (1) 1908 No 89 s 84
53C: Rights of surety
1: Person A is entitled to stand in the place of the creditor, and to use all the remedies, and if need be, and upon a proper indemnity, to use the name of the creditor in any civil proceedings in order to obtain from the principal debtor or any co-surety, co-contractor, or co-debtor, as the case may be, indemnification for the advances made and loss sustained by person A in paying the debt.
2: The payment by person A may not be pleaded as a defence against any action or other proceeding by person A referred to in subsection (1)
3: In this section, person A section 53B 1908 No 89 s 85
53D: Rights of co-sureties, etc, as between themselves
A co-surety, co-contractor, or co-debtor is not entitled to recover from any other co-surety, co-contractor, or co-debtor ( person B section 53C 1908 No 89 s 86
6: New sections 74A and 74B inserted
After section 74
74A: Recovery of payments made under mistake of law
1: If relief in respect of any payment that has been made under mistake is sought in any court (whether in civil proceedings or by way of defence, set-off, counterclaim, or otherwise) and that relief could be granted if the mistake were wholly one of fact, that relief must not be denied by reason only that the mistake is one of law, whether or not it is in any degree also one of fact.
2: Nothing in this section enables relief to be given in respect of any payment made at a time when the law required, or allowed, or was commonly understood to require or allow, the payment to be made or enforced, by reason only that the law was subsequently changed or shown not to have been as it was commonly understood to have been at the time of the payment. 1908 No 89 s 94A
74B: Payments made under mistake of law or fact not always recoverable
Relief, whether under section 74A 1908 No 89 s 94B Consequential amendments
7: Amendment to Contractual Mistakes Act 1977
1: This section amends the Contractual Mistakes Act 1977
2: In section 5(2)﻿(d) sections 94A and 94B of the Judicature Act 1908 sections 74A and 74B 2017-03-01 Contractual Mistakes Act 1977
8: Amendment to Energy Resources Levy Act 1976
1: This section amends the Energy Resources Levy Act 1976
2: Replace section 31(5)
5: Section 74A(1) section 74A(2) 2017-03-01 Energy Resources Levy Act 1976
9: Amendment to Social Security Act 1964
1: This section amends the Social Security Act 1964
2: In section 86(1B) section 94B of the Judicature Act 1908 section 74B 2017-03-01 Social Security Act 1964