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StatuteCredit Contracts and Consumer Finance Act 2003

Section 86 — Credit Contracts and Consumer Finance Act 2003: Jurisdiction of District Courts

Text of the provision Official document

86 Jurisdiction of District Courts (1) A District Court may hear and determine proceedings for offences against any of the provisions of this Act. (2) A District Court may hear and determine applications for orders under any of the provisions of this Act if— (a) the occasion for the exercise of the power arises in the course of civil proceedings properly before the Court; or (b) in the case of— (i) a revolving credit contract that has a credit limit, the credit limit does not exceed $200,000; or (ii) any other credit contract, the total of all advances made and agreed to be made under the credit contract does not exceed $200,000; or (iii) a consumer lease, the cash price of the goods hired does not exceed $200,000; or (iv) a buy-back transaction, the amount of the consideration paid by the transferee under the transaction does not exceed $200,000; or (c) the parties agree, in accordance with section 37 of the District Courts Act 1947 , that a District Court has jurisdiction to hear and determine the application. (3) A District Court does not have jurisdiction to hear and determine applications for injunctions under section 96 . (4) For the purposes of section 43 of the District Courts Act 1947 , an application made to a District Court for an order under this Act is to be treated as a proceeding. Compare: 1981 No 27 s 45

Official source: legislation.govt.nz

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