Share on LinkedInShare on LinkedIn

ARTICLE · 08 NOVEMBER 2011

Lien vs Security Interest - who wins?

Personal Property Securities Act (NZ) may give common law or statutory liens special priority over secured creditors.

New ZealandFinance and Banking

A lien is the right to hold on to goods, and in some cases sell them, in order to ensure payment.  Often the debt will be connected with services related to the goods.

A lien can be obtained by contract, or in certain specific situations the law creates it automatically.  The difference can be significant.

Under the Personal Property Securities Act (PPSA), the holder of a common law or statutory lien may in some cases have special priority over a company's secured creditors.

Types of lien

There are, generally speaking, three categories of lien: contractual, statutory and common law.  Different rights will be available depending on the type of lien claimed.

A contractual lien will simply provide such rights as are stated in the contract.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

See more popular content from