Deposit Takers Act 2023

Crisis management and resolution - Moratorium and restriction on resolution trigger

290: Moratorium and restriction on resolution trigger do not affect existence or priority of security interest

You could also call this:

"Having a security interest in something a deposit taker owns stays the same, no matter what."

Illustration for Deposit Takers Act 2023

If you have a security interest in something that belongs to a deposit taker, sections 284 and 287 do not change whether you have that interest or not. These sections also do not change how important your security interest is compared to other debts that the deposit taker owes. You can find more information about this in sections 284 and 287, and you can also look at the Deposit Takers Act 2023 for section 284 and Deposit Takers Act 2023 for section 287.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS530927.


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289: Bank may waive application of moratorium and restriction on resolution trigger, or

"The Bank can choose to not follow some rules for certain creditors."


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291: Moratorium does not limit or prevent obligations incurred or rights granted after deposit taker enters resolution, or

"You can still pay debts or use your rights even if a deposit taker is in trouble."

Part 7Crisis management and resolution
Moratorium and restriction on resolution trigger

290Moratorium and restriction on resolution trigger do not affect existence or priority of security interest

  1. Sections 284 and 287 do not affect the existence of any security interest over the property of the licensed deposit taker or its priority over other debts.

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