Credit Contracts and Consumer Finance Act 2003

Enforcement and remedies - Preliminary provisions - Jurisdiction

86: Jurisdiction of District Court

You could also call this:

"What cases the District Court can hear about credit and consumer finance"

Illustration for Credit Contracts and Consumer Finance Act 2003

You can take some cases to the District Court. The District Court can hear cases about offences against this Act. It can also hear applications for orders under this Act in certain situations. You can ask the District Court for an order if the issue comes up in a civil case. The District Court can hear applications for orders if the amount involved is not more than $350,000. This applies to credit contracts, consumer leases, buy-back transactions, and other cases. The District Court does not have the power to hear applications for injunctions under section 96. If you make an application to the District Court for an order under this Act, it is treated as a proceeding, as stated in sections 86 to 88 of the District Court Act 2016, which you can find on the legislation website. You can also agree with the other party that the District Court has the power to hear your application, as stated in section 81 of the District Court Act 2016.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM213162.

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Part 4Enforcement and remedies
Preliminary provisions: Jurisdiction

86Jurisdiction of District Court

  1. The District Court may hear and determine proceedings for offences against any of the provisions of this Act.

  2. The District Court may hear and determine applications for orders under any of the provisions of this Act if—

  3. the occasion for the exercise of the power arises in the course of civil proceedings properly before the court; or
    1. in the case of—
      1. a revolving credit contract that has a credit limit, the credit limit does not exceed $350,000; or
        1. any other credit contract, the total of all advances made and agreed to be made under the credit contract does not exceed $350,000; or
          1. a consumer lease, the cash price of the goods hired does not exceed $350,000; or
            1. a buy-back transaction, the amount of the consideration paid by the transferee under the transaction does not exceed $350,000; or
            2. in the case of an application for an order under any of the provisions of this Act, the relief claimed does not exceed $350,000; or
              1. the parties agree, in accordance with section 81 of the District Court Act 2016, that the District Court has jurisdiction to hear and determine the application.
                1. Subsection (2)(b) does not limit subsection (2)(a), (c), or (d).

                2. The District Court does not have jurisdiction to hear and determine applications for injunctions under section 96.

                3. For the purposes of sections 86 to 88 of the District Court Act 2016, an application made to the District Court for an order under this Act is to be treated as a proceeding.

                Notes
                • Section 86: replaced, on , by section 261 of the District Court Act 2016 (2016 No 49).