New Zealand Credit Contracts and Consumer Finance Act 2003
Part 4: Enforcement, remedies, offences, defences and penalties – New Zealand Credit Contracts and Consumer Finance Act 2003

New Zealand Credit Contracts and Consumer Finance Act 2003 84: Maintain a compliance programme that supports the reasonable mistake defence

What does 84 require?

A compliance programme exists where the creditor or lessor obliges staff and agents to follow procedures (or runs automated procedures) built to secure compliance with the Act and regulations, has methods that systematically find weaknesses in the programme, and fixes those weaknesses promptly. A person has a defence to statutory damages, prosecution and pecuniary penalty proceedings if it proves that a reasonable mistake, or events beyond its control, caused the breach and that it took reasonable precautions and exercised due diligence, and the court must take the existence of an appropriate compliance programme into account in deciding whether a breach was a reasonable mistake.

Maintained by Gerard Blokdyk

Other controls in Part 4: Enforcement, remedies, offences, defences and penalties – New Zealand Credit Contracts and Consumer Finance Act 2003

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