Credit Contracts and Consumer Finance Act 2003

Consumer credit contracts - Changes on grounds of unforeseen hardship

59: Creditor may apply for variation of change

You could also call this:

"A creditor can ask the court to change or cancel a decision."

Illustration for Credit Contracts and Consumer Finance Act 2003

You can ask the court to change an order made under section 58 if you are a creditor in a consumer credit contract. The court can change or cancel the order if you apply to them. You can apply to change or cancel a stay of enforcement proceedings or other order made under section 58. You can ask the court to vary or revoke an order or stay. The court can make a new decision about the order or stay. They can change or cancel it as they see fit. The court has the power to make a new decision about the order. They can change it or cancel it if they want to. You can apply to the court to change or cancel an order made under section 58.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM213123.

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58: Changes by court, or

"Asking the court to change a credit contract"


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59A: How notices may be given, or

"How to give important notices in writing to someone"

Part 2Consumer credit contracts
Changes on grounds of unforeseen hardship

59Creditor may apply for variation of change

  1. A creditor under a consumer credit contract that has been changed by an order under section 58 may apply to the court for an order varying or revoking the order.

  2. A creditor subject to a stay of enforcement proceedings or other order under section 58 may apply to the court for an order varying or revoking the stay or order.

  3. On an application under this section, the court may vary or revoke the order or stay to which the application relates as it thinks fit.