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Credit Contracts and Consumer Finance Act 2003

Enforcement and remedies - Statutory damages

92: Guidelines for reducing statutory damages

You could also call this:

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

Illustration for Credit Contracts and Consumer Finance Act 2003

When you are in court and the judge is deciding whether to make an order under section 91, they must think about some important things. You need to know that the judge will look at how statutory damages help people follow the law. The judge will also consider if the creditor or lessor had a good compliance programme in place. The judge will think about how bad the breach was and why it happened. They will also look at how much the breach affected other people. You should know that the judge will check if the people responsible for the breach have said sorry or paid compensation to those affected. The judge can also think about any other matters they believe are important. This helps the judge make a fair decision about the order under section 91.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM213169.

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Topics:
Crime and justice > Courts and legal helpMoney and consumer rights > Consumer protection
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91: Court may reduce statutory damages, or

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Part 4Enforcement and remedies
Statutory damages

92Guidelines for reducing statutory damages

  1. In deciding whether to make an order under section 91 and the terms and conditions applying to an order under that section, the court must have regard to the following matters:

  2. the role that statutory damages have in providing incentives for compliance with this Act:
    1. whether the creditor or lessor had an appropriate compliance programme:
      1. the extent of, and the reasons for, the breach or breaches:
        1. the extent to which any person has been prejudiced by the breach or breaches:
          1. the extent to which the creditor, lessor, transferee, or buy-back promoter has compensated, or agreed to compensate, the persons who are affected by the breach or breaches:
            1. any other matters that the court thinks fit.

              Notes
              • Section 92(b): amended, on , by section 32 of the Credit Contracts Legislation Amendment Act 2019 (2019 No 81).