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Mortgage advisers closely watching CCCFA enquiry

Mortgage advisers are pleased the Government has requested an enquiry into the Credit Contracts and Consumer Finance Act (CCCFA) but insist it must be robust and look closely at the wording and intent of the Act itself.

Tuesday, January 18th 2022, 8:31AM 2 Comments

by Eric Frykberg

The enquiry was ordered on Friday by the Minister of Commerce and Consumer Affairs David Clark.

It followed a storm of protest that legitimate borrowers with a good credit record were losing access to money they were previously able to borrow.

This was because the fine details of their daily expenditure such as takeaway food were turning up in their bank statements and causing banks to either fail them, or reduce their borrowing capacity.

Clark has now called for an investigation by the Council of Financial Regulators (COFR).

This organisation is made up of the Reserve Bank, Treasury, the Financial Markets Authority, MBIE and the Commerce Commission.

Glen McLeod (pictured) of Edge Mortgages in Albany wants this enquiry to proceed fast.

“It's good that the Minister has called for an enquiry, but the CCCFA has already wreaked so much havoc that it should not just meander along, it needs to be addressed very quickly,” he said.

“This is affecting people's lives and if (the enquiry) is just going to be a cursory glance at it, then that is not going to cut it.”

In his statement, Clark questioned whether the banks are implementing the law as it was intended.

But McLeod thinks that is missing the point. He thinks banks are implementing the legislation to the letter of the law, because they are scared of the consequences if they get it wrong.

“This is affecting people's lives and if (the enquiry) is just going to be a cursory glance at it, then that is not going to cut it.”“They are the ones who are going to be taking the high jump.....if they are doing something wrong that is because the legislation itself is not good enough.”

Another man who is keeping a close eye on this is John Bolton of Squirrel, and he is concerned about the time frame for the enquiry.

He is also maintaining his petition against the law, though he has changed its format from a change.org to a parliamentary petition, which will actually be formally presented to politicians. He also wants the enquiry to move fast.

“The reality is that this is affecting people now.”

At this stage, it is unclear how intensive this enquiry will be. Government investigations in the past have varied in scale from a Royal Commission down to some public servants writing a few paragraphs for a Minister.

TMMO has sought further clarification as to just what grade of investigation this one will be.

Tags: CCCFA

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Comments from our readers

On 18 January 2022 at 12:36 pm Amused said:
David Seymour has stated publicly that he doesn't want MBIE involved in the inquiry. Good on him. He at least understands that MBIE are a big part of why these changes to the CCCFA have been a complete disaster. We don't want the last lot at MBIE who drafted this mess to be involved again that's for sure!






On 18 January 2022 at 2:13 pm Amused said:
An MBIE spokesman has acknowledged the changes “may increase the processing time for some loan applications”, but that they would improve the quality and robustness of loan assessments.

Says it all folks. These people are living on a different planet to the rest of us!

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Lender Flt 1yr 2yr 3yr
AIA 5.35 4.49 5.25 5.55
ANZ 5.54 5.15 5.85 6.15
ANZ Blueprint to Build 2.78 - - -
ANZ Special - 4.55 5.25 5.55
ASB Bank 5.35 4.49 5.25 5.55
Avanti Finance 5.45 - - -
Basecorp Finance 6.45 - - -
Bluestone 5.29 7.49 7.59 -
BNZ - Classic - 4.55 5.25 5.45
BNZ - Mortgage One 5.55 - - -
BNZ - Rapid Repay 5.55 - - -
Lender Flt 1yr 2yr 3yr
BNZ - Std, FlyBuys 5.55 5.35 5.94 5.99
BNZ - TotalMoney 5.55 - - -
CFML Loans ▲6.45 - - -
China Construction Bank 5.50 5.40 6.14 6.40
China Construction Bank Special - 4.45 5.19 5.45
Credit Union Auckland 5.95 - - -
First Credit Union Special 5.85 4.70 5.20 -
Heartland Bank - Online 4.00 3.85 4.70 4.84
Heretaunga Building Society 5.95 4.80 5.50 -
HSBC Premier 5.49 4.39 5.15 5.39
HSBC Premier LVR > 80% - - - -
Lender Flt 1yr 2yr 3yr
HSBC Special - - - -
ICBC 5.25 ▲4.29 ▲5.09 ▲5.35
Kainga Ora ▲5.43 ▲4.57 ▲5.58 ▲5.85
Kainga Ora - First Home Buyer Special - 2.25 - -
Kiwibank 5.00 5.55 6.19 6.39
Kiwibank - Offset 5.00 - - -
Kiwibank Special 5.00 4.55 5.19 5.39
Liberty 4.84 - - -
Nelson Building Society 5.95 4.95 5.85 -
Pepper Essential 3.44 - - -
Resimac 4.59 5.60 6.16 6.29
Lender Flt 1yr 2yr 3yr
SBS Bank 5.29 4.69 5.35 5.49
SBS Bank Special - 4.19 4.85 4.99
Select Home Loans 4.09 4.29 4.86 5.09
The Co-operative Bank - First Home Special - ▲4.19 - -
The Co-operative Bank - Owner Occ 5.45 ▲4.29 5.19 5.45
The Co-operative Bank - Standard 5.45 ▲4.79 5.69 5.95
TSB Bank 5.59 ▼5.14 6.05 6.15
TSB Special 4.79 ▼4.34 5.25 5.35
Unity 5.65 ▲4.80 ▲5.50 -
Wairarapa Building Society 5.24 4.55 5.20 -
Westpac 5.54 5.09 5.79 6.09
Lender Flt 1yr 2yr 3yr
Westpac - Offset 5.54 - - -
Westpac Special - 4.49 5.19 5.49
Median 5.45 4.55 5.25 5.52

Last updated: 16 May 2022 9:03am

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