Radiocommunications Act 1989

Mortgages

81: Court may permit mortgagee to exercise power before period expired

You could also call this:

"Court can let mortgagee use their rights early"

Illustration for Radiocommunications Act 1989

You can ask the High Court for permission to exercise your rights as a mortgagee before a certain period ends. This is if you have given notice under section 79(1) about a power to exercise the rights of a rightholder under a spectrum licence. The court can grant you leave to do this at any time before the date specified in the notice, and you can make this application on your own or with others, as the court decides. You might get this permission with or without conditions, depending on what the court thinks is fair. The court can choose to grant you leave with conditions or without any conditions at all. This means you have to follow any rules the court sets when exercising your rights as a mortgagee.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM197137.

This page was last updated on 12 December 2025 — View changes

Topics:

Money and consumer rights > Banking and loansHousing and property > Buying and selling homes

80: Notice to subsequent mortgagee, or

"Telling other mortgage holders about a mortgage on something you own"

82: Restriction on action to recover deficiency, or

"Protection from paying leftover debt after property sale"

Part 9Mortgages

81Court may permit mortgagee to exercise power before period expired

Where any notice under section 79(1) relates to a power to exercise the rights of a rightholder under a spectrum licence, the High Court may, on the application of the mortgagee made ex parte or otherwise as the court thinks fit, grant leave to the mortgagee to exercise the power at any time before the date specified in the notice.
Leave may be granted under subsection (1) either unconditionally or upon or subject to such conditions as the court thinks fit.

Notes

Section 81(1): amended, on 12 October 2001, by section 54 of the Radiocommunications Amendment Act 2000 (2000 No 8).