Part 2Consumer credit contracts
Application
15Certain contracts not consumer credit contracts
The following contracts are not consumer credit contracts:
- 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:
- a contract that is a credit contract merely because a person's account with a creditor is debited and—
- the effect of the debit is to put the account into overdraft; and
- the creation of the overdraft has not been agreed between the creditor and the person before the debit of the account:
- the effect of the debit is to put the account into overdraft; and
- a credit contract under which the debtor is a trustee acting in his or her capacity as a trustee of a family trust:
- a loan contract (as defined in section 4(1) of the Student Loan Scheme Act 2011):
- 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.
Subsection (1)(b) applies whether or not—
- the creditor knows at the time the account is debited that the debit would have the effect of putting the account into overdraft; or
- 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).


