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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

95: Miscellaneous provisions concerning court's general power to make orders

You could also call this:

"Courts can make special orders to help people with credit contracts"

Illustration for Credit Contracts and Consumer Finance Act 2003

You can ask the court to make an order under section 93 or 94A. The Commission or any party to a consumer credit contract can make this application. You can make this application for a consumer credit contract, other credit contract, guarantee, consumer lease, or buy-back transaction. You can make an application for an order under section 93 or 94A at any time within 3 years after the date on which the loss or damage was discovered. The Commission can make an application on behalf of a person or a class of persons. This is for an order under section 93 or 94A. Nothing in section 93 or 94A limits or affects subpart 5 of Part 2 of the Contract and Commercial Law Act 2017, which you can find at the Contract and Commercial Law Act 2017 https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6844158 link.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM213174.

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Topics:
Money and consumer rights > Consumer protection
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Part 4Enforcement and remedies
Orders, injunctions, and prohibited enforcement: Court's general power to make orders

95Miscellaneous provisions concerning court's general power to make orders

  1. An order under section 93 or 94A may be made on the application of the Commission or any party to a consumer credit contract, other credit contract, guarantee, consumer lease, or buy-back transaction, as the case may be.

  2. An application for an order under section 93 or 94A may be made at any time within 3 years after the date on which the loss or damage was discovered or ought reasonably to have been discovered.

  3. An application made by the Commission for an order under section 93 or 94A may be made on behalf of a person or a class of persons.

  4. Nothing in section 93 or 94A or this section limits or affects subpart 5 of Part 2 of the Contract and Commercial Law Act 2017.

Notes
  • Section 95(1): amended, on , by section 62(1)(a) of the Credit Contracts and Consumer Finance Amendment Act 2014 (2014 No 33).
  • Section 95(1): amended, on , by section 62(1)(b) of the Credit Contracts and Consumer Finance Amendment Act 2014 (2014 No 33).
  • Section 95(1): amended, on , by section 62(1)(c) of the Credit Contracts and Consumer Finance Amendment Act 2014 (2014 No 33).
  • Section 95(2): replaced, on , by section 62(2) of the Credit Contracts and Consumer Finance Amendment Act 2014 (2014 No 33).
  • Section 95(3): amended, on , by section 62(3) of the Credit Contracts and Consumer Finance Amendment Act 2014 (2014 No 33).
  • Section 95(4): amended, on , by section 347 of the Contract and Commercial Law Act 2017 (2017 No 5).
  • Section 95(4): amended, on , by section 62(4) of the Credit Contracts and Consumer Finance Amendment Act 2014 (2014 No 33).