(1) A District Court may make an order prohibiting or restricting a person from doing all or any of the matters set out in subsection (2) if—
(a) the person—
(i) has been convicted of an offence against this Act, or of a crime involving dishonesty (as defined in section 2(1) of the Crimes Act 1961); or
(ii) is, or has been, a creditor under a credit contract that has been reopened under the Credit Contracts Act 1981; or
(iii) is, or has been, a creditor under a credit contract, a lessor under a consumer lease, or a transferee under a buy-back transaction that has been reopened under section 120; or
(iv) is, or has been, a buy-back promoter in connection with a buy-back transaction that has been reopened under section 120; or
(v) has failed, more than once, to comply with any of the provisions of this Act or the Credit Contracts Act 1981; or
(vi) was a director or principal officer of a body corporate at the time the body corporate acted in the manner referred to in subparagraphs (i) to (v); and
(b) in the opinion of the District Court, the person is not a fit and proper person to—
(i) enter into consumer credit contracts as a creditor; or
(ii) enter into consumer leases as a lessor; or
(iii) enter into buy-back transactions as a transferee; or
(iv) act as a buy-back promoter in connection with a buy-back transaction.
(2) The matters are—
(a) providing credit under consumer credit contracts, leasing goods under consumer leases, purchasing land under buy-back transactions, or acting as a buy-back promoter in connection with a buy-back transaction either alone or in partnership with any person and whether or not through agents:
(b) acting as a director or taking part directly or indirectly in the management or control of any company or business that provides credit under consumer credit contracts, leases goods under consumer leases, purchases land under buy-back transactions, or acts as a buy-back promoter in connection with a buy-back transaction:
(c) being in the employ, or acting as an agent, of a creditor, a lessor, a transferee, or a buy-back promoter in any capacity that allows the person to take any part in the negotiation of—
(i) consumer credit contracts involving the provision of credit by the creditor; or
(ii) consumer leases involving the leasing of goods by the lessor; or
(iii) buy-back transactions.
Compare: 1981 No 27 s 39(1)