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Credit Contracts and Consumer Finance Act 2003

Enforcement and remedies - Orders, injunctions, and prohibited enforcement - Court's general power to make orders

93: Court's general power to make orders

You could also call this:

"The court can help you if someone lending money does something wrong and you lose money or get hurt."

Illustration for Credit Contracts and Consumer Finance Act 2003

The court can make orders if you have lost money or been harmed by a creditor or someone working for them. This can happen if they break the rules in section 9C, 9J, or 9K. The court can also make orders if they break the rules in Part 2, 3, 3A, or 5A.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM213172.

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Topics:
Money and consumer rights > Consumer protectionCrime and justice > Courts and legal help
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92: Guidelines for reducing statutory damages, or

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

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94: Court orders, or

"The court can make orders to fix problems with credit contracts or consumer finance."

Part 4Enforcement and remedies
Orders, injunctions, and prohibited enforcement: Court's general power to make orders

93Court's general power to make orders

  1. The court may make all or any of the orders referred to in section 94 if the court finds that a person (whether or not that person is a party to any proceedings) has suffered loss or damage by conduct of any creditor, creditor's agent, lessor, transferee, buy-back promoter, paid adviser, or broker that constitutes, or would constitute,—

  2. a breach of any of the provisions of section 9C (lender responsibility principles) or of sections 9J and 9K:
    1. a breach of any of the provisions of Part 2, 3, 3A, or 5A:
      1. aiding, abetting, counselling, or procuring any other person to breach any of the provisions of section 9C, 9J, or 9K or of Part 2, 3, or 3A:
        1. inducing, or attempting to induce, any other person, whether by threats, promises or otherwise, to breach any of the provisions of section 9C, 9J, or 9K or of Part 2, 3, or 3A:
          1. being in any way, directly or indirectly, knowingly concerned in, or party to, the breach by any other person of any of the provisions of section 9C, 9J, or 9K or of Part 2, 3, or 3A:
            1. conspiring with any other person to breach any of the provisions of section 9C, 9J, or 9K or of Part 2, 3, or 3A.

              Compare
              Notes
              • Section 93: amended, on , by section 59(1) of the Credit Contracts and Consumer Finance Amendment Act 2014 (2014 No 33).
              • Section 93(aa): inserted, on , by section 59(2) of the Credit Contracts and Consumer Finance Amendment Act 2014 (2014 No 33).
              • Section 93(a): replaced, on , by section 59(2) of the Credit Contracts and Consumer Finance Amendment Act 2014 (2014 No 33).
              • Section 93(a): amended, on , by section 33 of the Credit Contracts Legislation Amendment Act 2019 (2019 No 81).
              • Section 93(b): amended, on , by section 59(3) of the Credit Contracts and Consumer Finance Amendment Act 2014 (2014 No 33).
              • Section 93(c): amended, on , by section 59(3) of the Credit Contracts and Consumer Finance Amendment Act 2014 (2014 No 33).
              • Section 93(d): amended, on , by section 59(3) of the Credit Contracts and Consumer Finance Amendment Act 2014 (2014 No 33).
              • Section 93(e): amended, on , by section 59(3) of the Credit Contracts and Consumer Finance Amendment Act 2014 (2014 No 33).