Credit Contracts and Consumer Finance Act 2003

Enforcement and remedies - Prohibition on certain creditors, lessors, transferees, and buy-back promoters

109: Who may apply and nature of order

You could also call this:

"Who can ask the court for a special order and what it can do"

Illustration for Credit Contracts and Consumer Finance Act 2003

You can apply to the District Court for an order under section 108. You do not have to be a specific person to make this application. The Commission can also apply for this order. You can get an order under section 108 for a certain amount of time or for no specific time. The District Court decides the terms and conditions of the order. The District Court can change or cancel the order at any time. The order can be made with any terms and conditions the District Court thinks are suitable. You can find more information about this in section 108 by visiting the link to section 108.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM213194.

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108: Power to order certain persons not to act as creditors, lessors, transferees, or buy-back promoters, or

"The Court can stop people from lending money or selling goods if they've done something wrong."


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110: Costs, or

"Paying costs when there's a problem with a credit contract"

Part 4Enforcement and remedies
Prohibition on certain creditors, lessors, transferees, and buy-back promoters

109Who may apply and nature of order

  1. Any person (including the Commission) may apply to the District Court for an order under section 108.

  2. An order under section 108

  3. may be for a specified period of time or without any time limit, and may be made on any other terms and conditions that the District Court thinks fit; and
    1. may be cancelled or varied at any time by the District Court.
      Compare
      • s 39(2), (3)
      Notes
      • Section 109(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).