Credit Contracts and Consumer Finance Act 2003

Consumer credit contracts - Required disclosure - Continuing disclosure

21: Continuing disclosure not required

You could also call this:

"When you don't need regular updates on your credit contract"

Illustration for Credit Contracts and Consumer Finance Act 2003

You do not need to get continuing disclosure if your creditor has a website where you can access certain information at any time. This information is set out in section 19 and you must agree to access it this way. You also do not need continuing disclosure if you do not have to pay interest or fees on your credit contract. You also do not need continuing disclosure for a particular period if your creditor cannot find you. You do not need it if there have been no transactions on your account and the balance is zero. Other times you do not need continuing disclosure include when the creditor has written off your debt, or when you have broken the credit contract and the creditor is taking action. If you do not get continuing disclosure for a period, the next disclosure statement you get must cover all the periods you missed. This statement is required under section 18 and must include all the information you missed.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM212762.

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"When credit contract changes are agreed, the lender must tell you about them."

Part 2Consumer credit contracts
Required disclosure: Continuing disclosure

21Continuing disclosure not required

  1. Disclosure under section 18 is not required if—

    1. in connection with the consumer credit contract,—
      1. the creditor maintains (at all reasonable times) a website that allows the debtor to access the information set out in section 19 as is applicable to the contract for any reasonable statement period specified by the debtor; and
        1. the debtor consents to the information set out in section 19 being disclosed in the manner set out in subparagraph (i); or
        2. neither interest charges nor credit fees are payable under the consumer credit contract.
          1. Disclosure under section 18 is not required in relation to a particular period if—

          2. the creditor cannot reasonably locate the debtor; or
            1. during the period that would otherwise be covered by a disclosure statement,—
              1. there have been no debits or credits to the debtor's account and the unpaid balance is nil; or
                1. the creditor has written off the unpaid balance and there are no subsequent credits or debits to the debtor's account; or
                  1. the debtor has breached the consumer credit contract and the creditor has commenced enforcement proceedings; or
                    1. the debtor has been declared bankrupt or died and the Official Assignee or executors or trustees or administrator of the debtor's estate have not requested a continuing disclosure statement.
                    2. If disclosure under section 18 has not, in accordance with this section, been made in relation to a particular period, the next continuing disclosure statement that is required to be given or sent under this Act must cover every immediately preceding period for which a continuing disclosure statement has not been given or sent.

                    Notes
                    • Section 21(1)(a): repealed, on , by section 17 of the Credit Contracts and Consumer Finance Amendment Act 2014 (2014 No 33).