Kia ora,

Thank you for contacting the Official Information Act request mailbox for
the Ministry of Justice. 

We will endeavour to acknowledge your email within 2 working days.

You can find more information about how we can help you at our [1]Official
Information Act Requests page.

Please note that by law, when you ask for official information we have to
respond to your request as soon as reasonably practicable and no later
than 20 working days after we receive it.

 

The Ministry of Justice may publish the response to your request on our
website, you can expect that if your OIA is to be published that this will
take place at least 10 working days after it has been sent you. Your name
and any other personal information will be withheld under Section 9(2)(a)
(protect the privacy of natural persons).

 

Please send any non-OIA related emails through to
o[2][email address] and any complaints through
to [3][email address]

Ngā mihi,

Ministerial Relations and Services

Governance and Assurance

DDI: +64 4 918 8800

Justice Centre I Aitken Street

DX Box SX 10088 I Wellington

[4]www.justice.govt.nz

References

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https://www.justice.govt.nz/about/offici...
2. mailto:[email address]
mailto:[email address]
3. mailto:[email address]
mailto:[email address]
4. http://www.justice.govt.nz/

Kia ora Megan

 

Thank you for your email of 27 October 2023 requesting, under the
Official  Information Act 1982, information (outlined below) from the
Ministry of  Justice about contracts.

 

While the Act allows New Zealanders to ask Ministers and government 
agencies for information, there is no requirement to create new 
information, compile information they do not hold, respond to hypothetical
questions, or as in his case provide legal advice or prove an opinion. 
The Act does not support requests where an opinion, comment,  argument, or
hypothetical statement is put to a Minister or agency for  response,
couched as a request for information. I am therefore refusing  your
request under section 18(g) of the Act on the grounds that the 
information sought is not held by the Ministry and there is no reason to 
believe it is held by any other agency subject to the Act.

 

You may want to talk to a lawyer to gain independent legal  advice,
particularly related to contract law. 

 

Free legal information and/or advice may be available from your  local
community law centre at: [1]www.communitylaw.org.nz   You may also want to
consult the Contract and Commercial Law Act 2017, which is available at:
[2]www.legislation.govt.nz/act/public/2017/0005/21.0/DLM6844033.html 

 

Or you may want to consult the preeminent text on New Zealand contract
law, Burrows, Finn and Todd on the Law of Contract in New Zealand (7th
edition). 

 

Copies are available in most public libraries.

 

You have the right under section 28(3) of the Act to complain to the 
Office of the Ombudsman if you are not satisfied with my response. The 
Ombudsman may be contacted at [3]www.ombudsman.parliament.nz  or by
calling 0800 802 602.

 

Nga mihi

 

Antony Paltridge

Team Leader, Ministerial Relations and Services Governance and Assurance
Ministry of Justice

 

 

From: Megan Richardson <[4][FOI #24542 email]>

Sent: Friday, 27 October 2023 1:02 pm

To: [5][Ministry of Justice request email]

Subject: Official Information request - Confirmation of what makes up a
valid contract

 

Dear Ministry of Justice,

 

I request the following information:

Please confirm that no man or woman can be bound without a valid contract
and that a valid contract consists of the following eight points:

1.  Parties are competent to contract and parties should be of the same
kind and never a mixture.

2.  Free and genuine consent without misrepresentation.

3.  Full disclosure with all material information available to make an
informed decision.

4.  Valuable consideration where something of value is bargained for and
given in exchange for a promise or a performance.

5. Certainty of terms of the contract must be fully disclosed and agreed
upon and fixed with subsequent variation of terms agreed on by both
parties.

6.  Meeting of minds where parties recognise each other understanding
their mutual obligations and agree.

7.  Signed by both parties

8.  Privity of contract where the contract only exists between the parties
and no third-party can obtain rights contained within a contract, or buy
or sell a contract without express permission of the original parties.

 

Yours faithfully,

 

Megan Richardson

 

 

References

Visible links
1. http://www.communitylaw.org.nz/
2. http://www.legislation.govt.nz/act/publi...
3. http://www.ombudsman.parliament.nz/
4. mailto:[FOI #24542 email]
5. mailto:[Ministry of Justice request email]