Credit providers
If you provide credit to consumers you must follow New Zealand consumer credit laws.
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Transfer of responsibility for regulation of consumer credit
In March 2024, Cabinet approved the transfer of responsibility for regulating the Credit Contracts and Consumer Finance Act (CCCF Act) from the Commerce Commission (Commission) to the Financial Markets Authority (FMA).Read more -
Advertising
If you are a lender under a consumer credit contract, this page will help you understand your obligations in relation to your advertising.Read more -
Annual Return
Lenders must provide an annual return to the Commission containing information about loans entered during the year.Read more -
Assessing for affordability
When providing consumer credit lenders must comply with the lender responsibility relating to affordability.Read more -
Assessing for suitability
When providing consumer credit lenders must comply with the lender responsibility relating to suitability.Read more -
Buy Now Pay Later
From 2 September 2024, Buy Now Pay Later lenders need to comply with all the obligations of a lender under the Credit Contracts and Consumer Finance Act 2003 (the Act) and the Credit Contracts and Consumer Finance Regulations 2004 (the Regulations), unless an exemption applies.Read more -
Buy-back transactions
A buy-back transaction is where a homeowner transfers their home (or an interest in their home) to a transferee, who typically pays their debts or gives them money. The former homeowner has the right to continue living in the home and to buy it back at some time in the future.Read more -
Changes to credit laws
There have been a number of changes to credit laws since 2019 which are set out in the timeline below.Read more -
Charging interest
There are rules about how you can calculate and charge a borrower interest or default interest.Read more -
Consumer credit fees
When you lend money, the Credit Contracts and Consumer Finance Act has rules you must follow when setting your fees.Read more -
Consumer leases
If you are in the business of leasing goods to consumers for their personal or household use, you may have to comply with credit laws.Read more -
Credit Pānui for Lenders
This quarterly pānui updates lenders on all the latest news from the Credit branch.Read more -
Disclosure obligations
You must provide key information to borrowers before a loan is entered into, and at certain times during its life.Read more -
Due diligence duties for directors and senior managers
From 1 December 2021, directors or senior managers of a consumer credit provider and/or mobile trader selling goods on credit need to comply with the due diligence duty.Read more -
Fit and Proper Person certification
If you lend money to consumers – including through pawnbroking, leases, buy now pay later, or mobile trading – and you're not already licensed by the Financial Markets Authority or Reserve Bank, you must be certified by the Commerce Commission under the Credit Contracts and Consumer Finance Act.Read more -
Hardship applications
If a borrower makes a hardship application, you are required to consider it and follow a specific process.Read more -
High cost loans
If you provide high-loans, there are specific rules that you will need to comply with from 1 June 2020.Read more -
Lender responsibility principles
When providing credit, you must ensure you comply with the lender responsibility principles. The lender responsibility principles impose obligations on lenders when advertising, before entering into a loan, and during all subsequent dealings with borrowers and guarantors.Read more -
Lending online
It does not matter how a loan is made – whether it is online, in person, on the phone or by text or email, the lender responsibility principles apply.Read more -
Pawnbroking
Pawnbroking contracts are considered consumer credit contracts under the Credit Contracts and Consumer Finance Act (CCCF Act) and pawnbrokers must comply with the obligations of a lender under a consumer credit contract unless exempt.Read more -
Publication of contract and cost of borrowing
If you lend to consumers or take security over consumer goods you must make your standard form contract terms and costs of borrowing for certain loans available publicly.Read more -
Repossession rules
There are rules lenders or repossession agents must follow when repossessing goods.Read more -
Self-reporting Guidance for Lenders
The Self-reporting Guidance for Lenders is intended to help lenders understand the process to follow when reporting potential breaches of the Credit Contracts and Consumer Finance Act 2003 and/or Fair Trading Act 1986 and the consideration that will be given to the self-report by the Commission.Read more -
Supporting customers in financial difficulty
The Commerce Commission and the Financial Markets Authority (FMA) have collaborated on messaging around supporting customers.Read more -
Variations to consumer credit contracts
When you make changes to a consumer credit contract, there are rules around what information you must give to the borrower, and when and how you must provide it.Read more -
What is a consumer credit contract
A consumer credit contract is a contract between a consumer and a lender. If you provide a mortgage, credit card, arranged overdraft or personal or cash loan – you have probably entered a consumer credit contract.Read more -
When consumer credit law applies to your business
If you provide credit, consumer leases, or operate buy-back schemes, consumer credit law applies to your business.Read more
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