Credit Contracts and Consumer Finance Act 2003

Lender responsibilities

9A: Outline of Part

You could also call this:

"Lenders must follow rules when giving credit or taking back goods"

Illustration for Credit Contracts and Consumer Finance Act 2003

This Part of the law is about lender responsibility principles. You need to know that lenders must follow these principles when giving credit or buying back goods. The law says the court can make orders if lenders do not follow these principles, and you can see more about this in sections like 93(aa), 96(1)(aa), 98A, 98B, and 107A. Lenders must also make decisions on hardship applications in a way that follows the principles, as outlined in section 55 and section 57A, and they must follow the principles when taking back goods, as outlined in sections 83E(1)(c) and 83Q.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6501302.

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9B: Interpretation, or

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Part 1ALender responsibilities

9AOutline of Part

  1. This Part provides for lender responsibility principles that must be complied with by creditors under certain credit contracts and transferees under buy-back transactions.

  2. In relation to those principles, this Act provides for—

  3. the court to make compensation and other orders, or to grant an injunction, in respect of a breach of the principles (see sections 93(aa), 96(1)(aa), 98A, 98B, and 107A):
    1. the debtor to be entitled to recover statutory damages if the creditor breaches certain of the principles (see section 88):
      1. creditors to make decisions on hardship applications under section 55 in compliance with the principles (see section 57A):
        1. creditors to comply with the principles in relation to a repossession of consumer goods (see sections 83E(1)(c) and 83Q):
          1. the District Court to order persons not to act as creditors, lessors, or transferees if those persons have failed to comply with the principles (see section 108(1)(a)(v)):
            1. the court to have regard to compliance with the principles when deciding whether to reopen an agreement under Part 5 (see section 124(1)(b)).
              1. This Part also provides for requirements to make publicly available standard form contract terms and information about the costs of borrowing.

              Notes
              • Section 9A: inserted, on , by section 9 of the Credit Contracts and Consumer Finance Amendment Act 2014 (2014 No 33).
              • Section 9A(2)(a): amended, on , by section 8(1) of the Credit Contracts Legislation Amendment Act 2019 (2019 No 81).
              • Section 9A(2)(aa): inserted, on , by section 8(2) of the Credit Contracts Legislation Amendment Act 2019 (2019 No 81).
              • Section 9A(2)(d): amended, on , by section 8(3) of the Credit Contracts Legislation Amendment Act 2019 (2019 No 81).
              • Section 9A(2)(d): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).