Credit Contracts and Consumer Finance Act 2003

Consumer credit contracts - Changes on grounds of unforeseen hardship

59A: How notices may be given

You could also call this:

"How to give important notices in writing to someone"

Illustration for Credit Contracts and Consumer Finance Act 2003

You need to give notices in writing when a consumer credit contract says you must. You can give a notice to someone by delivering it to them, or leaving it at their home or work. You can also post it to them or send it electronically to an address they have given you. If the person is not in New Zealand, you can give the notice to their agent in New Zealand. If the person has died, you can give the notice to their personal representatives. If you do not know who the person is, or they are not in New Zealand and do not have an agent, you must give the notice in a way that a court orders. If you post a notice, it is considered received four working days after you post it. If you send a notice electronically, it is considered received two working days after you send it. A court can order how a notice must be given, or say you do not have to give one, even if the rules say you must.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6502206.

This page was last updated on 1 January 2026 — View changes

Topics:

Money and consumer rights > Consumer protection

59: Creditor may apply for variation of change, or

"A creditor can ask the court to change or cancel a decision."

59B: Duty of directors and senior managers of creditors, or

"Company bosses must make sure their business follows the lending rules."

Part 2Consumer credit contracts
Changes on grounds of unforeseen hardship

59AHow notices may be given

Any notice or other document required or authorised by sections 55 to 57A to be given to any person must be in writing and is sufficiently given if—
it is delivered to that person; or
it is left at that person’s usual or last known place of residence or business or at an address specified for that purpose in the consumer credit contract; or
it is posted in a letter addressed to that person by name at that place of residence or business or address; or
it is sent by way of an electronic communication to the address specified by that person for this purpose.

If the person is absent from New Zealand, the notice or other document may be given to the person’s agent in New Zealand.
If the person is deceased, the notice or other document may be given to the person’s personal representatives.
If the person is not known, or is absent from New Zealand and has no known agent in New Zealand, or is deceased and has no personal representatives, the notice or other document must be given in such a manner as may be directed by an order of the court.
If the notice or other document is sent to any person—
by post, it is to be treated as having been received on the fourth working day after the day on which the letter is posted (and in proving the delivery it is sufficient to prove that the letter was properly addressed and posted):
by electronic communication, it is to be treated as having been received on the second working day after the day on which the notice or document is sent.

Despite anything in this section, the court may in any case make an order directing the manner in which any notice or other document is to be given, or make an order dispensing with the giving of the notice or document.

Notes

Section 59A: inserted, on 6 June 2015, by section 41 of the Credit Contracts and Consumer Finance Amendment Act 2014 (2014 No 33).