Credit Contracts and Consumer Finance Act 2003

Miscellaneous provisions - Transitional provisions

143: Continuing application of Credit Contracts Act 1981 and Hire Purchase Act 1971

You could also call this:

"Old laws still apply to contracts made before this law started"

Illustration for Credit Contracts and Consumer Finance Act 2003

If this Act does not apply to a credit contract or hire purchase agreement made before it started, then the old laws, Credit Contracts Act 1981 and Hire Purchase Act 1971, still apply. You need to consider the old laws when looking at contracts or agreements made before this Act started. The old laws apply as they were before this Act started, with some changes to the amounts of money mentioned in them. When reading Part 2 of Schedule 1 of the Disputes Tribunal Act 1988, you should include references to the Credit Contracts Act 1981 and the Hire Purchase Act 1971. The references to the old laws are to how they were before this Act started, except for some amounts of money that have changed. A credit contract means the same as it did in the Credit Contracts Act 1981 before this Act started, and a hire purchase agreement means the same as it did in the Hire Purchase Act 1971 before this Act started. You can find more information about the Disputes Tribunal Act 1988 on the New Zealand legislation website https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM134172

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM213538.

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142: Election for Act to apply, or

"Choosing to use the new credit contract laws for old agreements"


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Schedule 1AA: Application, savings, and transitional provisions relating to amendments made to this Act after 1 January 2014, or

"Changes to Credit Contract Rules from 2014 Onwards"

Part 6Miscellaneous provisions
Transitional provisions

143Continuing application of Credit Contracts Act 1981 and Hire Purchase Act 1971

  1. If this Act does not apply to a credit contract, hire purchase agreement, or guarantee made before the commencement of this section, or to any act, omission, right, interest, title, immunity, or duty in connection with that contract, agreement, or guarantee, then the Credit Contracts Act 1981 and the Hire Purchase Act 1971 continue to apply to the contract, agreement, or guarantee or to the act, omission, right, interest, title, immunity, or duty as if they were still in force.

  2. For the purposes of subsection (1), Part 2 of Schedule 1 of the Disputes Tribunal Act 1988 is to be read as if it includes references to the Credit Contracts Act 1981 and the Hire Purchase Act 1971.

  3. The references in subsection (1) to the Credit Contracts Act 1981 and the Hire Purchase Act 1971 are references to those Acts as in force immediately before the commencement of this section, except that references in section 45A of the Credit Contracts Act 1981 and section 47A of the Hire Purchase Act 1971 to $7,500 and $12,000 must be treated as references to $15,000 and $20,000 respectively.

  4. In this section,—

    credit contract has the same meaning as in the Credit Contracts Act 1981 (as in force immediately before the commencement of this section)

      hire purchase agreement has the same meaning as in the Hire Purchase Act 1971 (as in force immediately before the commencement of this section).

      Notes
      • Section 143(1): amended, on , by section 8 of the Disputes Tribunals Amendment Act 2009 (2009 No 22).
      • Section 143(2): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
      • Section 143(2A): inserted, on , by section 8 of the Disputes Tribunals Amendment Act 2009 (2009 No 22).