Credit Contracts and Consumer Finance Act 2003

Preliminary provisions

3: Purposes

You could also call this:

"What the Credit Contracts and Consumer Finance Act is for"

Illustration for Credit Contracts and Consumer Finance Act 2003

The main purpose of this Act is to protect you when you borrow money or buy something on credit. This Act also helps you make informed choices when borrowing money. It makes sure lenders are fair and honest with you. This Act helps you in several ways. It makes lenders responsible for their actions. It also makes sure you get all the information you need before borrowing money. The Act has rules about interest charges and fees. It helps you if you are having trouble paying back a loan. It also makes sure you get independent advice when buying back land. The Act protects you when a lender wants to take back something you bought on credit. It gives you rights if this happens. It also applies these rules to people who guarantee a loan for you. Lenders must be certified to lend you money. They must also tell you about debt collection. You can find more information about changes to this Act in the Credit Contracts and Consumer Finance Amendment Act 2014 and the Credit Contracts Legislation Amendment Act 2019.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM211518.

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"An Introduction to the Credit Contracts and Consumer Finance Act"

Part 1Preliminary provisions

3Purposes

  1. The primary purpose of this Act is to protect the interests of consumers in connection with credit contracts, consumer leases, and buy-back transactions of land.

  2. It is also the purpose of this Act—

  3. to promote the confident and informed participation in markets for credit by consumers; and
    1. to promote and facilitate fair, efficient, and transparent markets for credit; and
      1. to protect the interests of consumers under credit contracts, consumer leases, and buy-back transactions of land, both when those agreements are entered into and for their duration; and
        1. to provide remedies for debtors, lessees, and occupiers (including consumers) in relation to—
          1. oppressive credit contracts, consumer leases, and buy-back transactions of land; and
            1. oppressive conduct by creditors under credit contracts, lessors under consumer leases, and transferees under buy-back transactions of land.
            2. To achieve the purposes referred to in subsections (1) and (2), this Act—

            3. requires creditors under consumer credit contracts and transferees under buy-back transactions of land to be responsible lenders, both when they provide credit or finance and for the duration of those agreements; and
              1. provides for the disclosure of adequate information to consumers under consumer credit contracts and consumer leases (both before entry into, and before variation of, such agreements)—
                1. to enable consumers to distinguish between competing credit or lease arrangements; and
                  1. to enable consumers to be informed of the terms of consumer credit contracts or consumer leases before they become irrevocably committed to them; and
                    1. to enable consumers to monitor the performance of consumer credit contracts; and
                      1. in the case of consumer leases, to make clear to consumers that consumer leases are not consumer credit contracts; and
                      2. provides rules about interest charges, credit fees, default fees, and payments in relation to consumer credit contracts; and
                        1. enables consumers to seek reasonable changes to consumer credit contracts on the grounds of unforeseen hardship; and
                          1. provides for the disclosure of adequate information to consumers under buy-back transactions of land and for independent legal advice to those consumers—
                            1. to inform consumers of the terms, the effects, and the implications of those transactions before they become irrevocably committed to them; and
                              1. to enable consumers to monitor the performance of those transactions; and
                              2. provides rules about fees in relation to buy-back transactions of land; and
                                1. provides, in relation to credit contracts that include or involve a security interest,—
                                  1. rules that apply in relation to the creditor's rights to repossess consumer goods; and
                                    1. corresponding rights for consumers and third parties that are affected by the exercise of the creditor's rights; and
                                    2. applies, as appropriate, the requirements, disclosure obligations, rules, and remedies specified in paragraphs (a) to (g) in relation to guarantors; and
                                      1. requires creditors under consumer credit contracts and mobile traders to be certified; and
                                        1. provides for the disclosure of certain information about debt collection to debtors under credit contracts.
                                          Notes
                                          • Section 3: replaced, on , by section 4 of the Credit Contracts and Consumer Finance Amendment Act 2014 (2014 No 33).
                                          • Section 3(3)(i): inserted, on , by section 4 of the Credit Contracts Legislation Amendment Act 2019 (2019 No 81).
                                          • Section 3(3)(j): inserted, on , by section 4 of the Credit Contracts Legislation Amendment Act 2019 (2019 No 81).