Credit Contracts and Consumer Finance Act 2003

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

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

You could also call this:

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

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When you are in court and the judge is deciding what to do about someone who did not follow the rules, the judge must think about some things. The judge must think about how some parts of the law, like sections 99(1A), 101(2), and 102(2), help people follow the rules. The judge must also think about whether the person who did not follow the rules had a good plan to make sure they were doing the right thing. The judge must think about how bad the mistake was and why it happened. The judge must also think about whether someone was hurt by the mistake and if the person who made the mistake tried to fix it. The judge must think about if the person who made the mistake said sorry or offered to pay for the damage. The judge can also think about anything else they think is important when making their decision about what to do with the person who did not follow the rules, under section 95A. The judge's decision will depend on what they think is fair in the situation.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS301357.

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

Topics:

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

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

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

96: Injunctions, or

"The court can stop people from breaking the law to protect you."

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

95BGuidelines for reducing effect of failure to make disclosure

In deciding whether to make an order under section 95A and the terms and conditions applying to the order, the court must have regard to the following matters:
the role that sections 99(1A), 101(2), and 102(2) have in providing incentives for compliance with this Act:
whether the person applying for the order had an appropriate compliance programme:
the extent of, and the reasons for, the breach or breaches:
the extent to which any person has been prejudiced by the breach or breaches:
whether the breach was due to a reasonable mistake or due to events outside the control of the person applying for the order:
whether the breach was remedied (to the extent that it could be remedied) as soon as practicable after the breach was discovered by the person or brought to the notice of the person applying for the order:
the extent to which the person applying for the order has compensated or offered to compensate any person who has suffered loss or damage by that breach:
any other matters as the court thinks fit.

Notes

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