The Commission brought a case stated proceeding under section 100A of the Commerce Act 1986. That section enables the Commission to ask the High Court questions to clarify the application of the law the Commission enforces. The Commission asked six questions to clarify the status of pawnbroking contracts under the Credit Contracts and Consumer Finance Act 2003. The National Pawnbrokers Association of New Zealand was a respondent in the proceedings and made submissions on four of the six questions. The matter was heard in August 2023 and in April 2024 the High Court agreed with the Commission that pawnbroking contracts have the necessary elements to be considered both credit contracts and consumer credit contracts under the CCCFA.
PartiesNational Pawnbrokers Association of New Zealand
Category
Consumer credit
Sub-category
Act/Section
Commerce Act s 100A; Credit Contracts and Consumer Finance Act ss 6, 7, 11, 15A, 113(g)
