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StatuteProperty Law Act 2007

Section 52 — Property Law Act 2007: Further provisions about assignments

Text of the provision Official document

52 Further provisions about assignments (1) The registration of an assignment under an enactment does not, of itself, give actual notice of the assignment to the debtor. (2) Subsection (1) overrides anything to the contrary in the enactment under which the assignment is registered. (3) Joint debtors have actual notice of the assignment of a thing in action or of any matter referred to in section 51 if any of them has actual notice of the assignment or matter. (4) The assignor must be joined in any proceeding brought by the assignee against the debtor if— (a) only part of a thing in action has been assigned in accordance with section 50(1) ; or (b) there has been an assignment only in equity of all or part of a thing in action. (5) For the purposes of subsection (4), an assignor may be joined in proceedings— (a) when the proceedings are brought or subsequently; and (b) if subsequently, whether before or after the expiry of the limitation period within which the proceedings must be brought. Compare: 1952 No 51 s 130

Official source: legislation.govt.nz

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