Credit Contracts and Consumer Finance Act 2003

Repossession of consumer goods under consumer credit contract - Preliminary provisions

83C: Application of Part

You could also call this:

"Rules for when creditors can take back goods you bought"

Illustration for Credit Contracts and Consumer Finance Act 2003

This part of the law applies when you have a consumer credit contract. It applies if the contract says the creditor can repossess goods or enter premises. The creditor can do this to repossess goods or for another purpose related to the goods. This part only applies to consumer goods if the contract covers both consumer goods and other goods. It does not limit what is said in subpart 3 and 6. When a creditor has a right to repossess goods, this part of the law applies. It applies to consumer goods, which are goods you buy for personal use. The law says what the creditor can and cannot do when repossessing goods.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6501338.

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83B: References to consumer credit contracts include security agreements, or

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


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83D: Part does not create right to repossess, etc, or

"This law does not let people take back goods or enter homes without permission."

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

83CApplication of Part

  1. This Part applies where a consumer credit contract provides that a creditor has a right to do 1 or more of the following:

  2. repossess consumer goods over which there is a security interest:
    1. enter premises, or enter premises when an occupier is not present, for—
      1. the purpose of repossessing consumer goods over which there is a security interest; or
        1. any other purpose in connection with consumer goods over which there is a security interest.
        2. If a consumer credit contract creates or provides for a security interest in both consumer goods and other goods, this Part applies only in relation to the consumer goods.

        3. Subsection (1) does not limit subparts 3 and 6.

        Compare
        Notes
        • Section 83C: inserted, on , by section 51 of the Credit Contracts and Consumer Finance Amendment Act 2014 (2014 No 33).
        • Section 83C(1): amended, on , by section 26 of the Regulatory Systems (Economic Development) Amendment Act 2019 (2019 No 62).
        • Section 83C(2): amended, on , by section 26 of the Regulatory Systems (Economic Development) Amendment Act 2019 (2019 No 62).