The Affidavit of Repossession is a critical document in New Zealand's secured lending and debt recovery process. It is required when a creditor or their agent has repossessed property due to a default under a credit agreement or security interest. The affidavit serves multiple purposes: it provides a formal record of the repossession process, demonstrates compliance with legal requirements under New Zealand law (including the Credit Contracts and Consumer Finance Act 2003 and the Personal Property Securities Act 1999), and can be used in subsequent legal proceedings if necessary. The document must include specific details about the repossession, such as the identity of all parties involved, the nature of the default, the method of repossession, and confirmation that all statutory requirements were met. This sworn statement is particularly important in protecting the creditor's interests and ensuring transparency in the repossession process.
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1. Deponent Identity and Authority: States the name, occupation, and authority of the person making the affidavit
2. Underlying Credit Agreement: Details of the credit contract or security agreement that gives the right to repossess
3. Default Description: Specifics of the default that triggered the right to repossess, including dates and amounts
4. Pre-repossession Requirements: Confirmation that all required notices were given and statutory requirements were met
5. Property Description: Detailed description of the repossessed property, including identifying features or serial numbers
6. Repossession Details: Date, time, location, and method of repossession, including names of persons involved
7. Current Status: Current location and condition of the repossessed property
8. Statutory Compliance: Statement confirming compliance with all relevant laws and regulations
9. Statement of Truth: Declaration that the contents are true and correct to the best of the deponent's knowledge
1. Forced Entry Details: Required if any forced entry was necessary to effect the repossession
2. Personal Effects: Required if any personal effects were found in/with the repossessed property
3. Third Party Claims: Required if any third parties have made claims regarding the property
4. Police Involvement: Required if police were involved in the repossession process
5. Post-repossession Communications: Required if there were relevant communications with the debtor after repossession
6. Valuation Details: Required if a valuation of the property has been conducted
1. Credit Agreement: Copy of the original credit agreement or security agreement
2. Default Notices: Copies of all notices sent regarding the default
3. Pre-possession Notices: Copies of statutory notices required before repossession
4. Photographic Evidence: Photos of the property at the time of repossession
5. Property Documentation: Registration documents, serial numbers, or other identifying documentation
6. Inventory List: List of any personal effects found with the property
7. Correspondence: Copies of relevant correspondence with the debtor
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