Credit Contracts and Consumer Finance Act 2003

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

95A: Court may reduce effect of failure to make disclosure

You could also call this:

"Court can fix problems if important information is not shared"

Illustration for Credit Contracts and Consumer Finance Act 2003

You can go to court if you are a creditor, lessor, or transferee and you failed to disclose important information. The court can reduce or get rid of the effects of not disclosing this information if they think it is fair. They can do this under sections like section 48 or 99(1A) for creditors, section 101(2) for lessors, or section 102(2) for transferees. You need to apply to the court and they will decide if it is just and equitable to make an order. The court can make an order with terms and conditions they think are suitable. This means the court has the power to make decisions about what happens next. The court's decision will depend on the specific situation and the laws that apply, such as section 17 or section 22 for creditors, section 64 or 65 for lessors, or section 72 or 77 for transferees.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS301354.

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

Topics:

Money and consumer rights > Consumer protectionCrime and justice > Courts and legal help

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

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

95B: Guidelines for reducing effect of failure to make disclosure, or

"What happens if someone breaks the rules about lending money and doesn't tell the truth"

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

95ACourt may reduce effect of failure to make disclosure

The court may, on the application of a creditor under a class of consumer credit contracts, order that the effect under section 48 or 99(1A) of a failure to make initial disclosure under section 17, or variation disclosure under section 22, be extinguished or reduced to an amount specified by the court if the court considers that it is just and equitable that an order be made.
The court may, on the application of a lessor under a class of consumer leases, order that the effect under section 101(2) of a failure to make disclosure under section 64 or 65 be extinguished or reduced to an amount specified by the court if the court considers that it is just and equitable that an order be made.
The court may, on the application of a transferee under a class of buy-back transactions, order that the effect under section 102(2) of a failure to make disclosure under section 72 or 77 be extinguished or reduced to an amount specified by the court if the court considers that it is just and equitable that an order be made.
The order may be made on the terms and conditions that the court thinks fit.

Notes

Section 95A: inserted, on 20 December 2019, by section 35 of the Credit Contracts Legislation Amendment Act 2019 (2019 No 81).