Part 3ARepossession of consumer goods under consumer credit contract
Preliminary provisions
83BReferences to consumer credit contracts include security agreements
This section applies, unless the context otherwise requires, for the purposes of—
- this Part; and
- Part 1A (to the extent that it relates to consumer credit contracts to which this Part applies); and
- any other provision of this Act that relates to—
If a security interest in consumer goods is or may be taken in connection with a consumer credit contract,—
- 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
- 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
- references to a debtor must be treated as including the debtor within the meaning of section 16 of the Personal Property Securities Act 1999.
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).
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).


