Part 2Consumer credit contracts
Disclosure standards and how disclosure is made
35How disclosure is made
Disclosure must be made by—
- giving the disclosure statement to the person to whom disclosure is to be made; or
- 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
- sending the disclosure statement to the information system specified by the person for that purpose; or
- sending an electronic communication to the information system specified by the person for that purpose that allows the disclosure statement to be accessed; or
- 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.
However, subsection (1)(d) and (e) is subject to the conditions that—
- 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
- 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).
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.
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.
For the purposes of sections 27 and 99 to 102, when disclosure is made—
- 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:
- 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.
For all other purposes, the disclosure is to be treated as having been made to a person—
- on the day on which the statement is posted to the person; or
- on the day on which the disclosure statement is sent to the information system specified by the person; or
- 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.
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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).


