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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

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

You could also call this:

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

Illustration for Credit Contracts and Consumer Finance Act 2003

If you are a creditor or a creditor's agent, you cannot enter someone's home at certain times. You can only enter between 6 am and 9 pm. You must leave the premises by 9 pm if you entered between 6 am and 9 pm. You cannot enter someone's home on Sundays or public holidays, unless the person who owes you money has given you written permission to do so.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6501368.

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Topics:
Money and consumer rights > Consumer protectionHousing and property > Home safety and repairsHousing and property > Renting
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83R: Creditor must not enter premises if complaint not resolved or unforeseen hardship application not decided, or

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

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83T: Restrictions applying in relation to persons repossessing consumer goods, or

"Rules for taking back goods from someone who can't pay"

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

83SCreditor must not enter residential premises at certain times

  1. Neither a creditor nor a creditor’s agent may exercise a right to enter residential premises other than between the hours of 6 am and 9 pm.

  2. A creditor or a creditor's agent who has exercised a right to enter residential premises between the hours of 6 am and 9 pm must not remain at those premises after 9 pm.

  3. A creditor or a creditor’s agent must not exercise a right to enter residential premises—

  4. at any time on a Sunday; or
    1. at any time on a public holiday.

      1. However, subsection (1), (2), or (3) (as the case may be) does not apply if the debtor has consented, in writing, to permit the creditor or creditor's agent to enter the premises outside the period between the hours of 6 am and 9 pm or at any time on a Sunday or a public holiday, provided that the consent is not sought or given—

      2. before the debtor is in default under the credit contract; or
        1. when the creditor or the creditor's agent is at the premises to repossess the consumer goods; or
          1. outside the period between the hours of 6 am and 9 pm; or
            1. at any time on a Sunday; or
              1. at any time on a public holiday.

                1. This section applies whether the right to enter premises is exercised—

                2. for the purpose of repossessing consumer goods; or
                  1. for any other purpose in connection with consumer goods.

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