Credit Contracts and Consumer Finance Act 2003

Enforcement and remedies - Statutory damages

91: Court may reduce statutory damages

You could also call this:

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

Illustration for Credit Contracts and Consumer Finance Act 2003

You can ask a court to reduce the amount of statutory damages you must pay. The court can make this decision if it thinks it is fair and reasonable. The court's decision can include conditions that you must follow. You can be a creditor, lessor, transferee, or buy-back promoter to make this request. The court will look at the breach or breaches that affect your class of contract. The court can decide to reduce or cancel the statutory damages. The court can set any terms and conditions it thinks are suitable. This means the court has the power to make decisions about your case. You should check the court's decision to understand what you must do.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM213168.

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

Topics:

Money and consumer rights > Consumer protectionCrime and justice > Courts and legal help

90: Enforcement of statutory damages, or

"Getting compensation when someone breaks credit contract rules"

92: Guidelines for reducing statutory damages, or

"Guidelines for judges to fairly reduce penalties for breaking the law"

Part 4Enforcement and remedies
Statutory damages

91Court may reduce statutory damages

The court may, on the application of a creditor under a class of consumer credit contract or other credit contract, a lessor under a class of consumer lease, or a transferee or buy-back promoter under a class of buy-back transaction, order that the statutory damages payable in connection with a breach or breaches that affect that class be extinguished or reduced to an amount specified by the court if the court considers that it is just and equitable that an order be made.
Any order under this section may be made on the terms and conditions that the court thinks fit.

Notes

Section 91(1): amended, on 6 June 2015, by section 58 of the Credit Contracts and Consumer Finance Amendment Act 2014 (2014 No 33).