Credit Contracts and Consumer Finance Act 2003

Consumer credit contracts - Provisions relating to debtors under high-cost consumer credit contracts - Purpose, outline, and interpretation

45C: Meaning of high-cost consumer credit contract

You could also call this:

"What is a high-cost consumer credit contract?"

Illustration for Credit Contracts and Consumer Finance Act 2003

In the Credit Contracts and Consumer Finance Act 2003, a high-cost consumer credit contract is a type of contract where you pay a lot of interest. This can happen in a few ways, such as when the annual interest rate is 50% or more. It also includes contracts where the interest rate might be 50% or more at some point during the contract. You might also have a high-cost consumer credit contract if the total interest charges, including default interest, add up to 50% or more of the unpaid balance. Some contracts are also declared by regulations to be high-cost consumer credit contracts. The interest rate that defines a high-cost consumer credit contract is the rate set out in the rules for these contracts, which is 50% or more. The rules for high-cost consumer credit contracts were updated by the Credit Contracts Legislation Amendment Act 2019, which you can read more about on the legislation website https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS250721

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS347717.

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45B: Outline of this subpart, or

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45D: Power to increase interest rate that defines high-cost consumer credit contract, or

"The Governor-General can increase the interest rate for high-cost loans if recommended by the Minister."

Part 2Consumer credit contracts
Provisions relating to debtors under high-cost consumer credit contracts: Purpose, outline, and interpretation

45CMeaning of high-cost consumer credit contract

  1. In this Act, unless the context otherwise requires,—

    high-cost consumer credit contract means a consumer credit contract of any of the following types:

    1. a contract that provides for an annual interest rate of 50% or greater:
      1. a contract under which the weighted average annual interest rate applied to the unpaid balance is, or is likely to be, 50% or greater on any day during the term of the contract:
        1. a contract under which the total rate of the interest charges (including default interest charges) that may be applied cumulatively to the same part of an unpaid balance in the event of a default in payment or the credit limit being exceeded is, or is likely to be, a rate of 50% or greater:
          1. a contract declared by regulations to be a type of contract that is a high-cost consumer credit contract

            interest rate that defines a high-cost consumer credit contract means the interest rate set out in paragraphs (a) to (c) of the definition of high-cost consumer credit contract.

            Notes
            • Section 45C: inserted, on , by section 25 of the Credit Contracts Legislation Amendment Act 2019 (2019 No 81).