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Credit Contracts and Consumer Finance Act 2003

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

83P: Entry if occupier not present

You could also call this:

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

Illustration for Credit Contracts and Consumer Finance Act 2003

If you are a creditor or creditor's agent, and you enter someone's premises to repossess consumer goods when they are not there, you must leave a notice. You must write the notice and leave it in a prominent place, saying you entered the premises and the date you did so. You must also include an inventory of any consumer goods you took, and a copy of certain documents, which can be found in section 83O(1), if you are repossessing goods. When you leave the premises, you must make sure they are not obviously open. This means you must take reasonable steps to secure the premises. You only need to include the inventory and documents if you entered the premises to repossess consumer 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=DLM6501365.

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Topics:
Money and consumer rights > Consumer protectionHousing and property > Home safety and repairs
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Part 3ARepossession of consumer goods under consumer credit contract
Rules that apply at time of repossession

83PEntry if occupier not present

  1. This section applies if a creditor or creditor’s agent enters premises for the purpose of repossessing consumer goods, or for any other purpose in connection with consumer goods, when the occupier of the premises is not present (subject to subsection (3)).

  2. The creditor or creditor’s agent must, before leaving the premises, leave a notice in writing in a prominent place—

  3. specifying that the premises have been entered and the date of entry; and
    1. containing an inventory of any consumer goods that have been repossessed; and
      1. accompanied by a copy of the documents referred to in section 83O(1) (other than paragraph (f)).

        1. Subsection (2)(b) and (c) applies only if the creditor or creditor’s agent enters the premises for the purpose of repossessing consumer goods.

        2. The creditor or creditor’s agent must take the steps that are reasonably practicable to ensure that the premises are not left obviously open.

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