Credit Contracts and Consumer Finance Act 2003

Enforcement and remedies - Statutory damages

90: Enforcement of statutory damages

You could also call this:

"Getting compensation when someone breaks credit contract rules"

Illustration for Credit Contracts and Consumer Finance Act 2003

You can ask the court to make someone pay statutory damages. The court can do this if you or the Commission asks them to, and if someone broke the rules in a consumer credit contract or other credit contract. The court's decision is based on what is said in section 88. You don't have to show that someone was hurt or lost money because of the breach. The court can still make the order to pay statutory damages. This is according to what is said in section 88. You have three years to ask the court to make this order. This three-year time limit starts from when you found out or should have found out about the breach. The Commission can also ask the court to make this order on your behalf. The Commission can ask the court to make this order for you or for a group of people. This means the Commission can help you get statutory damages if someone broke the rules. You can get help from the Commission to make this happen.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM213167.

This page was last updated on 1 January 2026 — View changes

Topics:

Money and consumer rights > Consumer protection

89: Amount of statutory damages, or

"How much money you can get if someone breaks the rules of a credit contract"

91: Court may reduce statutory damages, or

"A court can lower the amount of money you have to pay if it's fair and reasonable."

Part 4Enforcement and remedies
Statutory damages

90Enforcement of statutory damages

The court may, on the application of the Commission or any party to a consumer credit contract or other credit contract, guarantee, consumer lease, or buy-back transaction, make an order directing a creditor, a creditor's agent, a lessor, a transferee, or a buy-back promoter to pay any statutory damages that are payable under section 88.
An order under subsection (1) may be made whether or not any person has suffered, or is likely to suffer, any loss or damage as a result of the breach referred to in section 88.
An application under this section may be made at any time within 3 years after the matter giving rise to the breach was discovered or ought reasonably to have been discovered.
An application by the Commission under this section may be made by the Commission on behalf of a person or a class of persons.

Notes

Section 90(1): amended, on 6 June 2015, by section 57(1) of the Credit Contracts and Consumer Finance Amendment Act 2014 (2014 No 33).
Section 90(1): amended, on 6 June 2015, by section 57(2) of the Credit Contracts and Consumer Finance Amendment Act 2014 (2014 No 33).
Section 90(3): replaced, on 6 June 2015, by section 57(3) of the Credit Contracts and Consumer Finance Amendment Act 2014 (2014 No 33).