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Credit Contracts and Consumer Finance Act 2003

Enforcement and remedies - Pecuniary penalties

107B: Proceedings for pecuniary penalties

You could also call this:

"What happens in court when someone breaks the rules and might get a fine"

Illustration for Credit Contracts and Consumer Finance Act 2003

If you are in a court case about a pecuniary penalty under this part of the law, the court uses the same standard of proof as in other civil cases. You can think of a pecuniary penalty as a fine. The Commission can also ask the court to make the other party share information and answer questions. The Commission can do this by getting a court order, which is a formal instruction from the court.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS301455.

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Topics:
Crime and justice > Courts and legal helpMoney and consumer rights > Consumer protection
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107A: Pecuniary penalties, or

"Paying a fine if you break lending rules"

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107C: Relationship between pecuniary penalties and criminal liability, or

"You can't be punished twice for the same mistake - either criminally or with a fine."

Part 4Enforcement and remedies
Pecuniary penalties

107BProceedings for pecuniary penalties

  1. In any proceedings under this subpart for a pecuniary penalty,—

  2. the standard of proof is the standard of proof that applies in civil proceedings; and
    1. the Commission may, by order of the court, obtain discovery and administer interrogatories.

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      Notes
      • Section 107B: inserted, on , by section 43 of the Credit Contracts Legislation Amendment Act 2019 (2019 No 81).