Credit Contracts and Consumer Finance Act 2003

Repossession of consumer goods under consumer credit contract - Preliminary provisions

83B: References to consumer credit contracts include security agreements

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"What a consumer credit contract includes, like security agreements"

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When you have a consumer credit contract, it can include a security agreement. This means the contract or arrangement that creates the security interest is part of the consumer credit contract. You should know that references to a creditor include the secured party as defined in section 16 of the Personal Property Securities Act 1999. If a security interest is taken in connection with a consumer credit contract, the contract that creates the security interest is treated as part of the consumer credit contract. References to a debtor include the debtor as defined in section 16 of the Personal Property Securities Act 1999. This applies even if a party to the contract is not a party to the consumer credit contract. This part of the law applies whether or not a financing statement has been registered under the Personal Property Securities Act 1999 in respect of the security interest. You are affected by this law when you have a consumer credit contract with a security agreement. The law applies to the enforcement and effect of the consumer credit contract.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6501337.

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Part 3ARepossession of consumer goods under consumer credit contract
Preliminary provisions

83BReferences to consumer credit contracts include security agreements

  1. This section applies, unless the context otherwise requires, for the purposes of—

  2. this Part; and
    1. Part 1A (to the extent that it relates to consumer credit contracts to which this Part applies); and
      1. any other provision of this Act that relates to—
        1. the enforcement, application, or effect of this Part (for example, the definition of repossession in section 5); or
          1. the enforcement, application, or effect of Part 1A (to the extent referred to in paragraph (b)).
          2. If a security interest in consumer goods is or may be taken in connection with a consumer credit contract,—

          3. the contract or arrangement that creates or provides for the security interest is to be treated as forming part of the consumer credit contract; and
            1. references to a creditor must be treated as including the secured party within the meaning of section 16 of the Personal Property Securities Act 1999; and
              1. references to a debtor must be treated as including the debtor within the meaning of section 16 of the Personal Property Securities Act 1999.
                1. Subsection (2) applies even if a party to the contract or arrangement referred to in subsection (2)(a) is not a party to the consumer credit contract (for example, a guarantor who has given a security interest over consumer goods to secure the guarantor’s obligations under a guarantee that was given in respect of the consumer credit contract).

                2. This Part applies whether or not a financing statement has been registered under the Personal Property Securities Act 1999 in respect of the security interest.

                Notes
                • Section 83B: inserted, on , by section 51 of the Credit Contracts and Consumer Finance Amendment Act 2014 (2014 No 33).
                • Section 83B heading: amended, on , by section 25(1) of the Regulatory Systems (Economic Development) Amendment Act 2019 (2019 No 62).
                • Section 83B(1)(b): amended, on , by section 25(2) of the Regulatory Systems (Economic Development) Amendment Act 2019 (2019 No 62).
                • Section 83B(2): amended, on , by section 25(3) of the Regulatory Systems (Economic Development) Amendment Act 2019 (2019 No 62).
                • Section 83B(2)(a): amended, on , by section 25(3) of the Regulatory Systems (Economic Development) Amendment Act 2019 (2019 No 62).
                • Section 83B(3): amended, on , by section 25(3) of the Regulatory Systems (Economic Development) Amendment Act 2019 (2019 No 62).