Credit Contracts and Consumer Finance Act 2003

Repossession of consumer goods under consumer credit contract - Rules that apply before repossession

83H: Debtor may voluntarily deliver consumer goods

You could also call this:

"You can give back goods to the creditor if you want to, after getting a repossession warning."

Illustration for Credit Contracts and Consumer Finance Act 2003

You can choose to give back the consumer goods to the creditor after you get a repossession warning notice. You must give the goods to the creditor at the place they say in the notice, as stated in Schedule 3A. This is subject to section 83I(2). If you give back the goods, the rules in subpart 5 will apply, as if the creditor had taken the goods under subpart 4. You will follow these rules even though you chose to give the goods back. The rules will be used in a way that makes sense for your situation. You need to follow the rules that apply to your situation. The creditor will also need to follow the rules. This will help make sure everything is done fairly.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6501347.

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83G: Creditor must serve repossession warning notice on debtor and other persons before taking possession of consumer goods, or

"Lenders must give debtors a warning notice before taking back goods they own."


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83I: Rules relating to accessions (goods that are installed in, or affixed to, other goods), or

"Rules for taking back goods with other things attached to them"

Part 3ARepossession of consumer goods under consumer credit contract
Rules that apply before repossession

83HDebtor may voluntarily deliver consumer goods

  1. A debtor may, following receipt of a repossession warning notice, voluntarily deliver the consumer goods identified in that notice to the creditor at the place specified in that notice under paragraph (h)(ii) of Schedule 3A.

  2. Subsection (1) is subject to section 83I(2).

  3. If consumer goods are voluntarily delivered in accordance with subsection (1), subpart 5 applies with all necessary modifications as if the voluntary delivery were a repossession under subpart 4.

Notes
  • Section 83H: inserted, on , by section 51 of the Credit Contracts and Consumer Finance Amendment Act 2014 (2014 No 33).