This Consumer Credit Agreement template is designed for use by financial institutions and credit providers operating in New Zealand when extending credit to individual consumers. The document incorporates all mandatory requirements under the Credit Contracts and Consumer Finance Act 2003 (CCCFA), its amendments, and associated regulations. It should be used for personal loans, credit facilities, and other consumer credit products where the borrower is a natural person and the credit is primarily for personal, domestic, or household purposes. The agreement includes comprehensive initial disclosure requirements, responsible lending obligations, fee structures, and consumer protection provisions mandated by New Zealand law. Regular updates may be required to maintain compliance with evolving regulatory requirements and industry standards in the New Zealand consumer credit market.
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1. Parties: Identifies the lender and borrower with their full legal names and addresses
2. Background: Explains the context of the loan and purpose of the agreement
3. Definitions: Defines key terms used throughout the agreement
4. Loan Details: Specifies loan amount, interest rate, term, and payment schedule
5. Interest: Details how interest is calculated, charged, and any changes to interest rates
6. Payments: Specifies payment amounts, frequency, methods, and allocation of payments
7. Fees and Charges: Lists all applicable fees including establishment fees, ongoing fees, and default charges
8. Events of Default: Defines what constitutes a default and consequences of default
9. Borrower's Warranties and Obligations: Sets out borrower's representations and ongoing obligations
10. Lender's Rights and Obligations: Details lender's rights and responsibilities including CCCFA obligations
11. Early Repayment: Explains terms and calculations for early repayment
12. Privacy and Information Sharing: Covers consent for information collection, use, and disclosure
13. Disputes Resolution: Outlines dispute resolution process and relevant scheme details
14. General Provisions: Includes standard contract terms like amendments, notices, and governing law
1. Security: Include when the loan is secured against assets or property
2. Guarantor Provisions: Include when there is a guarantor for the loan
3. Insurance Requirements: Include when specific insurance is required as part of the loan
4. Direct Debit Authority: Include when automatic payments are being set up
5. Specific Purpose Provisions: Include when loan is for a specific purpose with conditions
6. Joint and Several Liability: Include when there are multiple borrowers
7. Credit Related Insurance: Include when credit-related insurance is offered or required
8. Hardship Provisions: Include detailed hardship variation terms beyond statutory minimums
1. Schedule 1 - Initial Disclosure: Detailed disclosure information required under CCCFA
2. Schedule 2 - Payment Schedule: Detailed breakdown of payments including dates and amounts
3. Schedule 3 - Fees Schedule: Comprehensive list of all fees and charges
4. Schedule 4 - Security Details: Description of any security provided for the loan
5. Schedule 5 - Direct Debit Terms: Terms and conditions for direct debit payments
6. Appendix A - Information Statement: Statutory information statement required under CCCFA
7. Appendix B - Right to Cancel: Information about borrower's right to cancel
8. Appendix C - Hardship Application Process: Details of how to apply for hardship variation
Relevant legal definitions
Agreement
Annual Interest Rate
Business Day
Borrower
Credit Limit
Default Interest Rate
Default
Early Repayment
Establishment Fee
Event of Default
Fees
Final Payment Date
Financial Markets Authority
Guarantor
Initial Disclosure
Initial Unpaid Balance
Interest
Interest Period
Lender
Loan
Loan Amount
Material Adverse Change
Payment Date
Payment Schedule
Permitted Purpose
Privacy Act
Property
Secured Property
Security
Security Interest
Statement Date
Term
Total Amount Payable
Unpaid Balance
Variation
Working Day
Annual Interest Rate
Business Day
Borrower
Credit Limit
Default Interest Rate
Default
Early Repayment
Establishment Fee
Event of Default
Fees
Final Payment Date
Financial Markets Authority
Guarantor
Initial Disclosure
Initial Unpaid Balance
Interest
Interest Period
Lender
Loan
Loan Amount
Material Adverse Change
Payment Date
Payment Schedule
Permitted Purpose
Privacy Act
Property
Secured Property
Security
Security Interest
Statement Date
Term
Total Amount Payable
Unpaid Balance
Variation
Working Day
Clauses
Loan Terms
Interest Rate
Fees and Charges
Payment Terms
Security
Default
Early Repayment
Disclosure
Privacy and Information
Representations and Warranties
Borrower Obligations
Lender Obligations
Dispute Resolution
Enforcement
Assignment
Guarantees
Insurance
Notices
Amendment
Termination
Governing Law
Severability
Force Majeure
Direct Debit
Consumer Protection
Hardship
Information Sharing
Entire Agreement
Interest Rate
Fees and Charges
Payment Terms
Security
Default
Early Repayment
Disclosure
Privacy and Information
Representations and Warranties
Borrower Obligations
Lender Obligations
Dispute Resolution
Enforcement
Assignment
Guarantees
Insurance
Notices
Amendment
Termination
Governing Law
Severability
Force Majeure
Direct Debit
Consumer Protection
Hardship
Information Sharing
Entire Agreement
Relevant Industries
Banking
Financial Services
Consumer Finance
Retail Finance
Personal Lending
Credit Unions
Non-Bank Deposit Takers
Microfinance
Consumer Credit
Peer-to-Peer Lending
Relevant Teams
Legal
Compliance
Risk Management
Credit Assessment
Retail Banking
Consumer Lending
Operations
Collections
Customer Service
Documentation
Product Development
Internal Audit
Training
Relevant Roles
Credit Manager
Loan Officer
Compliance Officer
Legal Counsel
Risk Manager
Credit Analyst
Consumer Lending Manager
Retail Banking Manager
Documentation Specialist
Financial Services Representative
Credit Assessment Officer
Collections Manager
Customer Service Manager
Branch Manager
Lending Operations Manager
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