Credit Contracts and Consumer Finance Act 2003

Consumer credit contracts - Application

13: Presumption relating to consumer credit contract

You could also call this:

"Assuming a credit contract is for personal use until proven otherwise"

Illustration for Credit Contracts and Consumer Finance Act 2003

If you claim a credit contract is a consumer credit contract, it is presumed to be one. You do not have to prove it is a consumer credit contract unless someone can show it is not. This means the contract is treated as a consumer credit contract until someone proves otherwise.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM212751.

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12: Investment purposes, or

"Borrowing money to try to make more money, not for everyday things."


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14: Effect of declaration, or

"What happens when you say a loan is for business, not personal use"

Part 2Consumer credit contracts
Application

13Presumption relating to consumer credit contract

  1. In any proceedings in which a party claims that a credit contract is a consumer credit contract, it is presumed that the credit contract is a consumer credit contract unless the contrary is established.