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Regulatory Impact Statement: Whether to apply legislation retrospectively to give courts discretion ...

Published: 31 Mar 2025

This statement summarises MBIE’s analysis of an historical problem related to section 99(1A) of the Credit Contracts and Consumer Finance Act, and of options for retrospective legislation to address this. It was developed to support Cabinet’s decision in March 2025 to backdate reforms made in 2019 to ensure the courts always have flexibility to determine liability for the costs of borrowing over the period of the lender’s non-compliance, based on what they consider just and equitable to all parties. This policy is given effect by amendments including in the Credit Contracts and Consumer Finance Amendment Bill and would apply equally to active litigation against ANZ and ASB.

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Financial markets and advisers, Consumer protection, Business

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