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Credit Contracts and Consumer Finance Act 2003

Lender responsibilities - Principles

9D: Proceedings for breach of legal obligations under other Acts

You could also call this:

"Breaking rules from other laws: what happens in court"

Illustration for Credit Contracts and Consumer Finance Act 2003

You have legal obligations under other Acts. If you break these obligations, you can be taken to court under that Act. If court action has started under another Act for something you did, you cannot be taken to court under this Act for the same thing, unless the court says otherwise. This rule does not apply to some specific parts of the law, such as section 9C(2)(a), (3)(a) to (e), or (4)(a) to (d), where you can still be taken to court.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6501319.

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Topics:
Crime and justice > Courts and legal help
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"A guide to help lenders make fair and safe decisions when lending money to you"

Part 1ALender responsibilities
Principles

9DProceedings for breach of legal obligations under other Acts

  1. This section applies if, in relation to a legal obligation referred to in section 9C(3)(f) or (4)(e),—

  2. conduct by a person constitutes a breach of an Act (other than this Act); and
    1. proceedings have been commenced under that other Act in respect of that conduct.

      1. Proceedings may not be commenced under this Act in respect of the same conduct on the basis of a breach of section 9C(3)(f) or (4)(e).

      2. Subsection (2) applies unless the court orders otherwise.

      3. This section does not prevent proceedings from being commenced as a result of a breach of section 9C(2)(a), (3)(a) to (e), or (4)(a) to (d).

      Notes
      • Section 9D: inserted, on , by section 9 of the Credit Contracts and Consumer Finance Amendment Act 2014 (2014 No 33).