Credit Contracts and Consumer Finance Act 2003

Lender responsibilities - Principles

9CA: Records about inquiries made

You could also call this:

"Keeping records of checks made when lending money"

Illustration for Credit Contracts and Consumer Finance Act 2003

When you lend money, you must keep records of the inquiries you make under section 9C. You must show how you checked the important matters in section 9C(3)(a), (4)(a), and (5)(a). You must give these records to the Commission when they ask for them. You must also give records to a person sorting out a dispute, or to a borrower or guarantor, when they ask for them. You must give the records to the borrower or guarantor for free. You have 20 working days to give the records after you get the request. You do not have to keep records if an application is declined or withdrawn. You must keep the records for at least 7 years after you made the inquiry. The Commission can ask for records without using their special powers under section 98 of the Commerce Act 1986.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS626450.

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

Topics:

Money and consumer rights > Consumer protectionMoney and consumer rights > Banking and loans

9C: Lender responsibility principles, or

"Lenders must be fair and help you when borrowing money"

9D: Proceedings for breach of legal obligations under other Acts, or

"Breaking rules from other laws: what happens in court"

Part 1ALender responsibilities
Principles

9CARecords about inquiries made

The lender must keep records about the inquiries made by the lender under section 9C (including the results of those inquiries).
Those records must demonstrate how the lender has satisfied itself as to the matters in section 9C(3)(a), (4)(a), and (5)(a).
The lender must make those records available to the Commission, on request by the Commission.
The lender must make available to a person responsible for an approved dispute resolution scheme, on request by that person, the records that relate to an agreement or a relevant insurance contract that is the subject of a dispute under that scheme.
The lender must make available to a borrower, on request by that borrower and free of charge, the records about the inquiries made by the lender under section 9C(3)(a) and (5)(a) that relate to an agreement or a relevant insurance contract to which the borrower is a party.
The lender must make available to a guarantor, on request by that guarantor and free of charge, the records about the inquiries made by the lender under section 9C(4)(a) that relate to a relevant guarantee to which the guarantor is a party.
The lender must provide the records within 20 working days of the date on which the request is received by the lender or, in the case of records being provided to the Commission, within any longer period of time specified by the Commission.
The Commission does not need to use its powers under section 98 of the Commerce Act 1986 to make a request under subsection (3).
The lender must keep the records for a period of at least 7 years after the date on which the inquiry was made.
To avoid doubt, the lender is not required to keep records about inquiries when an application is declined or withdrawn.

Notes

Section 9CA: inserted, on 1 December 2021, by section 11 of the Credit Contracts Legislation Amendment Act 2019 (2019 No 81).
Section 9CA(10): inserted, on 27 November 2025, by section 35 of the Statutes Amendment Act 2025 (2025 No 74).