From: Duncan Sheehan <D.K.Sheehan@leeds.ac.uk>

Sent: Tuesday 7 July 2026 17:11

To: obligations

Subject: Settled Understanding of the Law in NZ

A question mostly for the New Zealanders. Section 94A of the old Judicature Act 1908 (NZ) provided for a settled understanding of the law defence in cases of mistaken payments. I know that the entire Act was repealed as part of an overhaul of the judicial system in the Senior Courts Act 2016, but the NZ Law Commission recommended that sections 94A-B be retained and put in a new commercial law statute. I can't find any trace of it though in the Contract and Commercial Law Act 2017. Did the provisions just get repealed and never re-enacted? And if so, was that by accident or design?

Duncan

Professor Duncan Sheehan

Director of Centre for Business Law & Practice

School of Law

University of Leeds

Leeds

LS2 9JT