Consumer Security Agreement Template for New Zealand

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Key Requirements PROMPT example:

Consumer Security Agreement

"I need a Consumer Security Agreement for my retail electronics business in New Zealand, to be used when customers purchase high-value items over $2,000 on finance, with specific provisions for repairs and warranty claims while the goods are under security."

Document background
The Consumer Security Agreement is a crucial document in New Zealand's consumer credit landscape, used when a creditor requires security over a consumer's personal property to secure a loan or credit facility. This document must comply with strict requirements under New Zealand law, particularly the Personal Property Securities Act 1999 and the Credit Contracts and Consumer Finance Act 2003. It is typically used in retail finance, vehicle purchases, and consumer goods financing where the purchased item serves as security. The agreement must balance the creditor's need for security with strong consumer protections mandated by New Zealand law, including clear disclosure requirements, fair contract terms, and specified enforcement procedures. This document is essential for any business offering secured consumer credit in New Zealand and must be carefully drafted to ensure compliance with all relevant consumer protection legislation.
Suggested Sections

1. Parties: Identifies and provides full details of the secured party (creditor) and debtor (consumer)

2. Background: Explains the context of the security agreement, including reference to any related credit contract or purchase

3. Definitions: Defines key terms used throughout the agreement in clear, consumer-friendly language

4. Grant of Security Interest: Creates and evidences the security interest, specifically describing the collateral being secured

5. Secured Obligations: Details the obligations being secured, including any loans, payments, or other obligations

6. Representations and Warranties: Consumer's confirmations about ownership, right to grant security, and status of the secured property

7. Debtor Obligations: Specifies the consumer's ongoing obligations regarding the secured property, including maintenance and insurance

8. Restrictions on Dealing: Outlines restrictions on selling, disposing of, or further encumbering the secured property

9. Events of Default: Clearly defines what constitutes a default under the agreement

10. Enforcement Rights: Describes the creditor's rights upon default, compliant with CCCFA and PPSA requirements

11. Notices: Specifies how and where notices must be given between parties

12. General Provisions: Contains standard boilerplate clauses, including governing law and assignment rights

Optional Sections

1. Insurance Requirements: Detailed insurance obligations when the secured property requires specific insurance coverage

2. Third Party Rights: Required when there are third parties with interests in the secured property

3. Priority Arrangements: Needed when there are multiple security interests requiring priority arrangements

4. Guarantor Provisions: Include when there is a guarantor for the secured obligations

5. Special Conditions: For any unique terms specific to the particular security arrangement

6. PPSR Registration: Specific provisions about registration on the Personal Property Securities Register when required

Suggested Schedules

1. Schedule 1 - Secured Property: Detailed description and identification of the secured property, including serial numbers or other identifiers

2. Schedule 2 - Payment Schedule: If applicable, details of payment obligations and schedules

3. Schedule 3 - Special Terms: Any special terms or conditions specific to the security arrangement

4. Appendix A - Privacy Notice: Required privacy notifications and consents under the Privacy Act 2020

5. Appendix B - Disclosure Statement: Initial disclosure required under the CCCFA, if applicable

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Relevant Industries

Financial Services

Retail Banking

Consumer Goods

Automotive

Electronics Retail

Home Appliances

Furniture Retail

Consumer Lending

Credit Providers

Asset Finance

Relevant Teams

Legal

Compliance

Credit Assessment

Risk Management

Collections

Retail Finance

Customer Service

Operations

Documentation

Consumer Lending

Relevant Roles

Credit Manager

Loans Officer

Retail Finance Manager

Legal Counsel

Compliance Officer

Consumer Credit Specialist

Risk Manager

Collections Manager

Contract Administrator

Customer Service Manager

Financial Services Representative

Credit Analyst

Security Documentation Officer

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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