Credit Contracts and Consumer Finance Act 2003

Consumer credit contracts - Application

15: Certain contracts not consumer credit contracts

You could also call this:

"What kinds of contracts are not considered consumer credit contracts?"

Illustration for Credit Contracts and Consumer Finance Act 2003

You enter into contracts when you buy something or get a service. Some contracts are not consumer credit contracts. These include contracts where you pay the full price within two months. You also do not have a consumer credit contract if your account goes into overdraft without you agreeing to it first. This is because the overdraft was not planned. The creditor might not even know the account will go into overdraft. Some other contracts are not consumer credit contracts, like a loan contract as defined in section 4(1) of the Student Loan Scheme Act 2011. There are contracts where the person getting the credit is a trustee of a family trust. The government can also say some types of contracts are exempt if people follow the rules. It does not matter if the creditor knows the account will go into overdraft or if they charge you for it. You still do not have a consumer credit contract in these cases.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM212753.

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Part 2Consumer credit contracts
Application

15Certain contracts not consumer credit contracts

  1. The following contracts are not consumer credit contracts:

  2. a contract for the sale of property, or the provision of services, to a person if the total amount payable under the contract by the person (other than any amount payable solely as a result of a default in payment by the person) is the agreed price of the property or services and is to be paid within 2 months from the day the contract is entered into:
    1. a contract that is a credit contract merely because a person's account with a creditor is debited and—
      1. the effect of the debit is to put the account into overdraft; and
        1. the creation of the overdraft has not been agreed between the creditor and the person before the debit of the account:
        2. a credit contract under which the debtor is a trustee acting in his or her capacity as a trustee of a family trust:
          1. a loan contract (as defined in section 4(1) of the Student Loan Scheme Act 2011):
            1. a contract of any class prescribed by regulations to be a class of contract that is exempted from being a consumer credit contract if the person who relies on the exemption complies with the terms and conditions (if any) that apply to the exemption.
              1. Subsection (1)(b) applies whether or not—

              2. the creditor knows at the time the account is debited that the debit would have the effect of putting the account into overdraft; or
                1. the creditor makes a charge (whether by way of an interest charge or otherwise) relating to the creation of the overdraft.
                  Notes
                  • Section 15(1)(a): amended, on , by section 12 of the Credit Contracts and Consumer Finance Amendment Act 2014 (2014 No 33).
                  • Section 15(1)(ca): inserted, on , by section 222 of the Student Loan Scheme Act 2011 (2011 No 62).
                  • Section 15(1)(ca): amended, on , by section 223 of the Student Loan Scheme Act 2011 (2011 No 62).