Credit Contracts and Consumer Finance Act 2003

Consumer credit contracts - Disclosure standards and how disclosure is made

35: How disclosure is made

You could also call this:

"How lenders give you important information about your loan"

Illustration for Credit Contracts and Consumer Finance Act 2003

When you get a consumer credit contract, the lender must give you some information. This is called disclosure. The lender can give you this information in a few ways. The lender can give you the information directly, or send it to your home address. They can also send it to your email or to a special online system you use. If they send it online, you must be able to access it easily and store it safely. If you live with others who also get the contract, the lender only needs to send the information to one of you. When the lender sends the information, it is considered given to all of you. If the lender sends the information by post, you are considered to have received it four working days later. If they send it online, you are considered to have received it two working days later. For other purposes, you are considered to have received the information on the day it was sent. You can find more information about this in sections 27 and 99 to 102 of the Credit Contracts and Consumer Finance Act 2003. The lender must make sure you can access the information easily and safely. You should be able to store the information in a way that you can read it later.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM212780.

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Part 2Consumer credit contracts
Disclosure standards and how disclosure is made

35How disclosure is made

  1. Disclosure must be made by—

  2. giving the disclosure statement to the person to whom disclosure is to be made; or
    1. sending the disclosure statement by post to that person's place of residence last known to the person making disclosure or to an address specified by the person for this purpose; or
      1. sending the disclosure statement to the information system specified by the person for that purpose; or
        1. sending an electronic communication to the information system specified by the person for that purpose that allows the disclosure statement to be accessed; or
          1. otherwise making the disclosure statement available in electronic form, and sending an electronic communication to the information system specified by the person notifying the person how to access the disclosure statement.
            1. However, subsection (1)(d) and (e) is subject to the conditions that—

            2. the statement must be readily accessible at that time the electronic communication is sent, and at all reasonable times over the life of the contract, in accordance with the communication; and
              1. that statement can, at that time the electronic communication is sent, and at all reasonable times over the life of the contract, be stored in a permanent and legible form (for example, saved to an electronic file and printed).
                1. If the place of residence referred to in subsection (1)(b) is the same for 2 or more persons, or if 2 or more persons have specified the same address for the purpose of subsection (1)(b) or the same information system for the purposes of subsection (1)(c) to (e), the disclosure statement given or sent to any of those persons is to be treated as having been given or sent to all of those persons.

                2. For the purposes of sections 27 and 99 to 102, when disclosure is made by sending the disclosure statement to a person by post, the disclosure is to be treated as having been made on the fourth working day after the day on which the statement is posted.

                3. For the purposes of sections 27 and 99 to 102, when disclosure is made—

                4. by sending the disclosure statement to the information system specified by the person for that purpose under subsection (1)(c), the disclosure is to be treated as having been made on the second working day after the day on which the statement is sent:
                  1. under subsection (1)(d) or (e), the disclosure is to be treated as having been made on the second working day after the day on which the electronic communication is sent.
                    1. For all other purposes, the disclosure is to be treated as having been made to a person—

                    2. on the day on which the statement is posted to the person; or
                      1. on the day on which the disclosure statement is sent to the information system specified by the person; or
                        1. if subsection (1)(d) or (e) applies, on the day on which the electronic communication referred to in that paragraph is sent to the person.
                          1. Repealed
                          Compare
                          • 1981 No 27 s 20
                          Notes
                          • Section 35(1)(c): replaced, on , by section 23(1) of the Credit Contracts Legislation Amendment Act 2019 (2019 No 81).
                          • Section 35(1)(d): inserted, on , by section 23(1) of the Credit Contracts Legislation Amendment Act 2019 (2019 No 81).
                          • Section 35(1)(e): inserted, on , by section 23(1) of the Credit Contracts Legislation Amendment Act 2019 (2019 No 81).
                          • Section 35(1A): inserted, on , by section 23(2) of the Credit Contracts Legislation Amendment Act 2019 (2019 No 81).
                          • Section 35(2): replaced, on , by section 23(3) of the Credit Contracts Legislation Amendment Act 2019 (2019 No 81).
                          • Section 35(2): amended, on , by section 36 of the Statutes Amendment Act 2025 (2025 No 74).
                          • Section 35(4): replaced, on , by section 23(4) of the Credit Contracts Legislation Amendment Act 2019 (2019 No 81).
                          • Section 35(5): replaced, on , by section 23(5) of the Credit Contracts Legislation Amendment Act 2019 (2019 No 81).
                          • Section 35(6): repealed, on , by section 23(5) of the Credit Contracts Legislation Amendment Act 2019 (2019 No 81).