Credit Contracts and Consumer Finance Act 2003

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

83R: Creditor must not enter premises if complaint not resolved or unforeseen hardship application not decided

You could also call this:

"Creditors can't enter your home if you've complained or applied for hardship help and it's not been sorted yet."

Illustration for Credit Contracts and Consumer Finance Act 2003

If you have made a written complaint to a creditor about something they are doing, they cannot enter your premises until the complaint is resolved. This also applies if you have made an application to the creditor under section 55 for unforeseen hardship and they have not decided on it yet. You are protected by section 83J which stops creditors from entering premises in these situations.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6501367.

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83Q: Creditor must exercise right to enter premises in accordance with lender responsibility principles, or

"Creditors must follow rules when entering someone's property"


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83S: Creditor must not enter residential premises at certain times, or

"Creditors can't enter your home at night or on Sundays and public holidays."

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

83RCreditor must not enter premises if complaint not resolved or unforeseen hardship application not decided

  1. Nothing in this subpart limits section 83J (which provides that neither a creditor nor a creditor's agent may exercise a right to repossess consumer goods or enter premises if the debtor has made a written complaint to the creditor in relation to any enforcement action and that complaint has not been resolved or an application has been made to the creditor under section 55 and that application has not been decided).

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