Credit Contracts and Consumer Finance Act 2003

Transitional provisions

Schedule 3: Information concerning buy-back transactions of land

You could also call this:

"Information about buying back land: what you need to know"

Illustration for Credit Contracts and Consumer Finance Act 2003

When you buy back land, you need to know some information. This includes the full name and address of the person you are buying from. You also need to know how much money is being paid and when it is paid. This can include money given to you or used to pay off debts you owe. You have the right to occupy the land, which means you can live there. You need to know the details of this right, such as when it starts and ends, and how much rent you have to pay. You also need to know if you have the right to buy the land back in the future. There may be fees and charges you have to pay, such as for services like water or solicitor's fees. You need to know what these fees are and when you have to pay them. You can find more information about this in the Credit Contracts and Consumer Finance Act 2003, specifically in s 72. This information is important so you understand what you are agreeing to when you buy back land.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM213547.

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3Information concerning buy-back transactions of land Empowered by s 72

The following is information concerning a buy-back transaction as is applicable:

Full name and address of transferee

  • the full name and full address of the transferee:
    1. Amounts paid or provided to, or for benefit of, occupier

    2. the amount, a description, and timing of each of the following, if ascertainable:
      1. the money provided to the occupier or to another person to the order of the occupier in connection with the buy-back transaction:
        1. the payment, discharge, or consolidation of a pre-existing monetary obligation of the occupier in connection with the buy-back transaction:
        2. Total of amounts paid or provided to, or for benefit of, occupier

        3. the total of all of the amounts described in paragraph (b), if ascertainable:
          1. Right to occupy

          2. particulars of the right to occupy the whole or any part of the land, including—
            1. the date of the agreement that confers the right to occupy the land; and
              1. the date of commencement of the right to occupy the land (if that is different from the date of the agreement that confers the right); and
                1. the transferee's address for service; and
                  1. the amount of any bond; and
                    1. the rent (if any) that is payable; and
                      1. the frequency and amount of any rent payments; and
                        1. the place or bank account number where any rent is to be paid; and
                          1. a statement (if applicable) that the occupier must pay any fee or other charge for services rendered by any solicitor or real estate agent relating to the right to occupy; and
                            1. a statement (if applicable) that the occupier must pay for any metered water provided to the land; and
                              1. a list of any goods provided by the transferee; and
                                1. if the right to occupy is for a fixed term, the date on which the right to occupy will terminate:
                                2. Right or understanding to repurchase land

                                3. the terms of the right or understanding to repurchase the land (other than terms implied by law), including the purchase price or the method of calculating that amount:
                                  1. Fees and charges

                                  2. a description of the fees and charges that are, or may become, payable under the transaction, including—
                                    1. when each fee or charge is payable, if ascertainable; and
                                      1. the amount of each fee or charge if ascertainable, but, if not, the method of calculation of the fee or charge:
                                      2. Payments required

                                      3. if more than 1 payment is to be made under the transaction by the occupier,—
                                        1. the amount of the payments or the method of calculating the amount; and
                                          1. if ascertainable, the number of the payments; and
                                            1. if ascertainable, the total amount of the payments; and
                                              1. when the first payment is due, if ascertainable, and the frequency of payments:
                                              2. Buy-back default fees

                                              3. particulars that describe any buy-back default fees that may be payable under the transaction, including how and when buy-back default fees would become payable:
                                                1. Consent to electronic communications

                                                2. if the transferee consents to receive notices or other communications from the occupier in electronic form, whether by means of an electronic communication or otherwise, a statement to that effect:
                                                  1. Other items

                                                  2. any other information or warnings prescribed by the regulations to be information that is information concerning a buy-back transaction.