Credit Contracts and Consumer Finance Act 2003

Reopening of oppressive credit contracts, consumer leases, and buy-back transactions

126: Evidence

You could also call this:

"What other options were available to you when you signed a contract"

Illustration for Credit Contracts and Consumer Finance Act 2003

When you are in court and a judge is thinking about reopening a credit contract, consumer lease, or buy-back transaction under section 120(a), you can use evidence about what other people were offering at the time. This evidence can be about the terms of credit, hiring goods, or selling land. You can show the court what other options were available to you. When a judge is thinking about reopening a credit contract, consumer lease, or buy-back transaction under section 120(b), you can use evidence about what other people did at the time. This evidence is about how other people used their rights or powers. The court can look at what happened when other people exercised their rights. If a judge is thinking about reopening a credit contract, consumer lease, or buy-back transaction under section 120(c), you can use evidence about what other people offered you at the time. This evidence is about the inducements or incentives that other people offered. You can tell the court about what other people promised or offered to you.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM213516.

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125: When reopening proceedings may be commenced, or

"When You Can Restart a Court Case About a Credit Contract"


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127: Power of court on reopening credit contract, consumer lease, or buy-back transaction, or

"The court can fix problems with a credit contract and make things fair."

Part 5Reopening of oppressive credit contracts, consumer leases, and buy-back transactions

126Evidence

  1. If the court considers reopening a credit contract, consumer lease, or buy-back transaction under section 120(a), evidence regarding the terms on which credit was available from other persons, goods could be hired from other persons, or land could be sold to other persons at the time the contract, lease, or transaction was made is admissible in evidence.

  2. If the court considers reopening a credit contract, consumer lease, or buy-back transaction under section 120(b), evidence regarding the exercise of the rights or powers by other persons at the time the right or power was exercised is admissible in evidence.

  3. If the court considers reopening a credit contract, consumer lease, or buy-back transaction under section 120(c), evidence regarding the inducements offered by other persons at the time the inducement was offered is admissible in evidence.

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