Credit Contracts and Consumer Finance Act 2003

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

83O: Documents to be produced on entry

You could also call this:

"What documents you must be shown when goods are taken back"

Illustration for Credit Contracts and Consumer Finance Act 2003

When you let someone take back goods you bought, they must show you certain documents. They must show you these documents when they first enter your home if someone is there, and again if you ask. They need to show you a copy of the repossession warning notice, unless one was not required under section 83G(2), and other important documents. If someone is taking back goods on behalf of the creditor, they must prove they have the authority to do so. They also need to give you a written statement saying they have entered your home, the date, and a list of the goods they are taking. You have the right to know what is happening and to make a complaint if you are not happy. If the creditor or their agent has already shown you a document, you cannot ask them to show it to you again. They must also tell you about your rights under the law and how to make a complaint, and give you a document with this information if you ask.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6501364.

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83N: Creditor must allow debtor time to remedy default or at least 15 days to elapse, or

"Lenders must give borrowers time to fix problems or wait 15 days before taking goods back."


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83P: Entry if occupier not present, or

"What to do when taking goods from a property when the owner is not home"

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

83ODocuments to be produced on entry

  1. Every creditor or creditor’s agent who exercises a right of entry of premises for the purpose of repossessing consumer goods must, on first entering the premises if anyone is present, and, if requested, at any subsequent time, produce the following documents:

  2. a copy of the repossession warning notice (unless one was not required under section 83G(2)); and
    1. a copy of the credit contract; and
      1. a copy of the creditor's or creditor's agent’s licence or certificate of approval under the Private Security Personnel and Private Investigators Act 2010, as the case may be; and
        1. in the case of a creditor’s agent, evidence reasonably capable of establishing the person’s authority to repossess the consumer goods on behalf of the creditor; and
          1. if a repossession warning notice was not required under section 83G(2), a document setting out the debtor’s name, the address from which the goods will be repossessed, the creditor's contact details, and the reason why the goods are being repossessed; and
            1. a written statement that specifies that the premises have been entered and the date of entry, and an inventory of consumer goods to be taken; and
              1. a written statement setting out the debtor’s rights under this Part following the repossession of goods and the debtor's right to make a complaint about the creditor’s or creditor's agent’s conduct; and
                1. in the case of an entry outside the hours specified in section 83S or on a Sunday or a public holiday, the debtor’s written consent to the exercise of the right of entry.
                  1. If a document has been produced to a debtor under subsection (1) (whether on first entering the premises or at a subsequent time), the debtor is not entitled to make a subsequent request under subsection (1) for the same document to be produced again.

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