Credit Contracts and Consumer Finance Act 2003

Enforcement and remedies - Orders, injunctions, and prohibited enforcement - Court's general power to make orders

94A: Court orders in relation to repossessions

You could also call this:

"What to do if someone takes your things and you think it's unfair"

Illustration for Credit Contracts and Consumer Finance Act 2003

You can go to court if a creditor has done something wrong. The court can make orders if you have suffered loss or damage because of the creditor's conduct. This conduct must be a breach of the provisions of Part 3A. You are involved in a court case about a breach of Part 3A. The court looks at how the parties behaved and the nature of the default. The court also considers other matters it thinks are appropriate. The court can give you relief that is reasonable. This relief can include compensation for stress, humiliation, and inconvenience. The court can also change the terms of your credit contract. If a creditor repossesses your goods, you can go to court. The court can change or cancel a judgment or order against you. This is to give effect to a set-off against any amount owing to you under the provisions of sections 83ZJ and 83ZM.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6503174.

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94: Court orders, or

"The court can make orders to fix problems with credit contracts or consumer finance."


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95: Miscellaneous provisions concerning court's general power to make orders, or

"Courts can make special orders to help people with credit contracts"

Part 4Enforcement and remedies
Orders, injunctions, and prohibited enforcement: Court's general power to make orders

94ACourt orders in relation to repossessions

  1. The court may make all or any of the orders referred to in this section if the court finds that a person (whether or not that person is a party to any proceedings) has suffered loss or damage by the conduct of any creditor, or creditor's agent, that constitutes, or would constitute, a breach of any of the provisions of Part 3A.

  2. In any proceedings relating to a breach of Part 3A, the court must have regard to the following matters:

  3. the conduct of the parties:
    1. the nature of the default:
      1. any other matters the court considers appropriate.
        1. The court may make an order granting any relief that is reasonable, and for that purpose—

        2. relief may be granted on such terms, if any, as to costs, expenses, damages, compensation, penalty, or otherwise as the court, in the circumstances of each case, thinks fit; and
          1. in the case of an application relating to a repossession, relief may include compensation for non-financial loss, stress, humiliation, and inconvenience; and
            1. relief may include a variation in the terms of the credit contract.
              1. In any legal proceedings in relation to a credit contract after the creditor has repossessed the consumer goods, the court before which such proceedings are brought may, subject to the jurisdiction of the particular court, vary or discharge any judgment or order of any other court against the debtor for recovery of money so far as is necessary to give effect to a set-off against any amount owing to the debtor under the provisions of sections 83ZJ and 83ZM.

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              Notes
              • Section 94A: inserted, on , by section 61 of the Credit Contracts and Consumer Finance Amendment Act 2014 (2014 No 33).