Fair Trading Act 1986 | ||
---|---|---|
Public Act 1986 No 121 | ||
Date of assent 17 December 1986 | ||
Commencement see section 1(2) | ||
Contents | ||
Page | ||
Title | 4 | |
1 | Short Title and commencement | 4 |
2 | Interpretation | 4 |
3 | Application of Act to conduct outside New Zealand | 8 |
4 | Application of Act to the Crown | 9 |
5 | Application of Act to Crown corporations | 9 |
5A | No liability under Act if not liable under Securities Act | 9 |
1978 or Securities Markets Act 1988 | ||
5B | Act does not apply to certain conduct regulated by | 10 |
Takeovers Code | ||
6 | Functions of Commission in relation to dissemination of | 10 |
information | ||
7 | Money to be appropriated by Parliament for purposes of | 10 |
this Act[Repealed] | ||
8 | Annual report[Repealed] | 11 |
Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.
Ageneraloutlineofthesechangesissetoutinthenotesattheendofthisreprint,togetherwith other explanatory material about this reprint.
Part 1 Misleading and deceptive conduct, false representations, and unfair practices
Misleading and deceptive conduct
9 Misleading and deceptive conduct generally 11 10 Misleading conduct in relation to goods 11 11 Misleading conduct in relation to services 11 12 Misleading conduct in relation to employment 11
13 False or misleading representations 12 14 False representations and other misleading conduct in 13 relation to land 15 Limited application of sections 9 to 14 to news media 14 16 Certain conduct in relation to trade marks prohibited 15
17 Offering gifts and prizes 16 18 Trading stamp schemes prohibited[Repealed] 17 19 Bait advertising 17 20 Referral selling 18 21 Demanding or accepting payment without intending to 18 supply as ordered 22 Misleading representations about certain business 19 activities 23 Harassment and coercion 19 24 Pyramid selling schemes 19 25 Provisions of this Part not limited by reference to other 20 provisions of this Part 26 Importation of goods bearing false trade description 21
27 Consumer information standards 21 28 Compliance with consumer information standards 23
29 Product safety standards 24 30 Compliance with product safety standards 25 31 Unsafe goods 26 32 Compulsory product recall 26 33 Importation of certain goods prohibited 27
34 Meaning of services 28 35 Safety standards in respect of services 28 36 Compliance with services safety standards 29
Part 5 Enforcement and remedies
37 Jurisdiction of High Court 29 38 Jurisdiction of District Courts 30 39 Jurisdiction of Disputes Tribunals 30
40 Contraventions of provisions of Part 1, Part 2, Part 3, and 30 Part 4 an offence 40A Additional penalty for contravention of section 24 31 involving commercial gain
41 Injunctions may be granted by court for contravention of 32 Part 1, Part 2, Part 3, and Part 4 42 Order to disclose information or publish advertisement 33 43 Other orders 34 44 Defences 38 45 Conduct by servants or agents 40 46 Finding in proceedings to be evidence 41
Part 6 Miscellaneous provisions
47 Power to search 41 47A Powers conferred by warrant 42 47B Warrant to be produced 43 47C Other duties of person who executes a warrant 43 47D Duty to assist 44 47E Power to inspect documents and goods 45 47F Offence 45 47G Commission may require person to supply information 45 or documents 47H Notices 46 47I Service of notices 46 47J Offence to contravene section 47G 47 48 Proceedings privileged 48
An Act to prohibit certain conduct and practices in trade, to provide for the disclosure of consumer information relating to the supply of goods and services and to promote product safety and also to repeal the Consumer Information Act 1969 and certain other enactments
(1) In this Act, unless the context otherwise requires,— acquire,—
advertisementmeansanyformofcommunicationmadetothe public or a section of the public for the purpose of promoting
the supply of goods or services or the sale or granting of an interest in land business means any undertaking—
whether free of charge or not Commission means the Commerce Commission established by section 8 of the Commerce Act 1986
court means the High Court of New Zealand credit instrument means any agreement (whether in writing
or not) acknowledging an obligation to pay a sum or sums of money on demand or at any future time or times document means a document in any form whether signed or
initialled or otherwise authenticated by its maker or not; and includes—
goods—
person includes a local authority, and any association of per
sons whether incorporated or not place includesanypremises,building,aircraft,ship,carriage, vehicle, box, or receptacle
priceincludesvaluableconsiderationinanyform,whetherdirect or indirect; and includes any consideration that in effect relates to the acquisition or supply of goods or services or the acquisition or disposition of any interest in land, although ostensibly relating to any other matter or thing
servicesincludesanyrights(includingrightsinrelationto,and interests in, real or personal property), benefits, privileges, or facilities that are or are to be provided, granted, or conferred and, without limiting the generality of the foregoing, also includes the rights, benefits, privileges, or facilities that are or are tobeprovided, granted, orconferred under any ofthefollowing classes of contract:
but does not include rights or benefits in the form of the supply of goods or the performance of work under a contract of service
supply—
fer;—
and supply as a noun, supplied, and supplier have corres
ponding meanings
trade means any trade, business, industry, profession, occupation, activity of commerce, or undertaking relating to the supplyoracquisitionofgoodsorservicesortothedisposition or acquisition of any interest in land.
Section2(1)Commission : amended,on25January2005,bysection200ofthe Crown Entities Act 2004 (2004 No 115).
Section 2(1) goods : substituted, on 8 July 2003, by section 3(1) of the Fair Trading Amendment Act (No 2) 2003 (2003 No 34).
Section 2(1) officer of the Commission: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 2(1) official standard : inserted, on 28 July 1997, by section 2 of the Fair Trading Amendment Act 1997 (1997 No 43).
Section 2(1) place: inserted, on 1 July 1990, by section 2 of the Fair Trading Amendment Act 1990 (1990 No 42).
Section2(1) services paragraph (a)(iv): added, on 8 July 2003,by section 3(2) of the Fair Trading Amendment Act (No 2) 2003 (2003 No 34).
Amendment Act 2008 (2008 No 52).
s 2A (Aust)
5A No liability under Act if not liable under Securities Act 1978 or Securities Markets Act 1988
A court hearing a proceeding brought against a person under this Act must not find that person liable for conduct—
Section 5A: inserted, on 29 February 2008, by section 4 of the Fair Trading Amendment Act 2006 (2006 No 49).
s 5B | Fair Trading Act 1986 Reprinted as at1 May 2011 |
5B | Act does not apply to certain conduct regulated by |
Takeovers Code | |
Nothing in this Act applies to conduct in relation to any trans | |
actionoreventregulatedbytheTakeoversCodethatisinforce | |
under the Takeovers Act 1993 or incidental or preliminary to | |
atransactionoreventthatisoris likelytoberegulatedbythat | |
code. | |
Section 5B: inserted, on 29 February 2008, by section 4 of the Fair Trading Amendment Act 2006 (2006 No 49). | |
6 | Functions of Commission in relation to dissemination of |
information | |
In addition to the functions conferred on the Commission by | |
this Act, the Commission shall— | |
(a) make available or co-operate in making available— | |
(i) for the guidance of persons engaged in trade, | |
andotherinterestedpersons,generalinformation | |
with respect to their rights and obligations under | |
this Act; and | |
(ii) for the guidance of consumers, general informa | |
tion with respect to the rights and obligations of | |
persons under this Act affecting the interests of | |
consumers; and | |
(b) undertake studies and publish reports and information | |
regarding matters affecting the interests of consumers; | |
and | |
(c) co-operate with and assist any association or body of | |
personsindevelopingandpromotingtheobservanceof | |
standards of conduct for the purpose of ensuring com | |
pliance with the provisions of this Act. | |
Compare: Trade Practices Act 1974 s 28(1)(a), (d), (e) (Aust) | |
7 | Money to be appropriated by Parliament for purposes |
of this Act | |
[Repealed] | |
Section 7: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115). |
[Repealed]
Section 8: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Misleading and deceptive conduct
9 Misleading and deceptive conduct generally Nopersonshall,intrade,engageinconductthatismisleading or deceptive or is likely to mislead or deceive. Compare: Trade Practices Act 1974 s 52 (Aust)
10 Misleading conduct in relation to goods No person shall, in trade, engage in conduct that is liable to mislead the public as to the nature, manufacturing process, characteristics, suitability for a purpose, or quantity of goods. Compare: Trade Practices Act 1974 s 55 (Aust)
11 Misleading conduct in relation to services No person shall, in trade, engage in conduct that is liable to mislead the public as to the nature, characteristics, suitability for a purpose, or quantity of services. Compare: Trade Practices Act 1974 s 55A (Aust)
12 Misleading conduct in relation to employment No person shall, in relation to employment that is, or is to be, ormaybeofferedbythatpersonoranyotherperson,engagein conductthatismisleadingordeceptive,orislikelytomislead or deceive, as to the availability, nature, terms or conditions, or any other matter relating to that employment. Compare: Trade Practices Act 1974 s 53B (Aust)
False representations
No person shall, in trade, in connection with the supply or possiblesupplyofgoodsorservicesorwiththepromotionby any means of the supply or use of goods or services,—
the place of origin of goods. Compare: Trade Practices Act 1974 s 53 (Aust) Section 13 heading: amended, on 15 November 2000, by section 3(b) of the Fair Trading Amendment Act 2000 (2000 No 64).
Section 13(a): amended, on 15 November 2000, by section 3(a) of the Fair Trading Amendment Act 2000 (2000 No 64).
Section 13(b): amended, on 15 November 2000, by section 3(a) of the Fair Trading Amendment Act 2000 (2000 No 64).
Section 13(c): amended, on 15 November 2000, by section 3(a) of the Fair Trading Amendment Act 2000 (2000 No 64).
Section 13(d): amended, on 15 November 2000, by section 3(a) of the Fair Trading Amendment Act 2000 (2000 No 64).
Section 13(e): amended, on 15 November 2000, by section 3(a) of the Fair Trading Amendment Act 2000 (2000 No 64).
Section 13(f): amended, on 15 November 2000, by section 3(a) of the Fair Trading Amendment Act 2000 (2000 No 64).
the land. Compare: Trade Practices Act 1974 s 53A (Aust)
Section 14(1)(a): amended, on 8 July 2003, by section 3 of the Fair Trading Amendment Act 2003 (2003 No 31).
Section 15(3)(b): substituted, on 27 April 1995, by section 4(3) of the News papers and Printers Act Repeal Act 1995 (1995 No 13).
Section15(3)(ba): inserted,on27April1995,bysection4(3)oftheNewspapers and Printers Act Repeal Act 1995 (1995 No 13).
Section15(3)(c): substituted,on1July1994,bysection2oftheCompanyLaw Reform (Transitional Provisions) 1994 (1994 No 16).
Section16(1): substituted,on1May1988,bysection33(1)oftheTradeMarks Amendment Act 1987 (1987 No 156).
Section16(1)(b): amended,on1January1995,bysection2oftheFairTrading Amendment Act 1994 (1994 No 124).
Section16(1)(c): amended,on1January1995,bysection2oftheFairTrading Amendment Act 1994 (1994 No 124).
Section16(2)(a): amended,on1January1995,bysection2oftheFairTrading Amendment Act 1994 (1994 No 124).
Section 16(3) certification trade mark: repealed, on 1 April 2000, by section 8(1) of the Trade Marks Amendment Act 1999 (1999 No 121).
Section16(3)sign: inserted,on1April2000,bysection8(1)oftheTradeMarks Amendment Act 1999 (1999 No 121).
Section16(3) trade mark: substituted, on 1 April 2000, by section 8(1) of the Trade Marks Amendment Act 1999 (1999 No 121).
Section16(3) trademark : amended,on20August2003,bysection201ofthe Trade Marks Act 2002 (2002 No 49).
Unfair practices
No person shall,—
offer gifts,prizes, orother freeitems withthe intention ofnot providing them or of not providing them as offered. Compare: Trade Practices Act 1974 ss 53A(1)(c), 54 (Aust)
[Repealed]
Section 18: repealed, on 8 July 2003, by section 4 of the Fair Trading Amend ment Act 2003 (2003 No 31).
(1) No person shall, in trade, advertise for supply at a specified price goods or services which that person—
supplied by that person— at thatpricefor aperiodthatis, andinquantitiesthatare,reasonablehavingregardtothenatureofthemarketinwhichthe personcarriesonbusinessandthenatureoftheadvertisement.
(a) heofferedtosupply,ortoprocureanotherpersontosupply, goods or services ofthe kind advertised to thecustomer within a reasonable time, in a reasonable quantity,andattheadvertisedpriceandwheretheofferwas acceptedbythecustomer,thepersonhassosuppliedor
17
procuredanotherpersontosupplythegoodsorservices; or
(b) heofferedtosupplyimmediately,ortoprocureanother person to supply within a reasonable time, equivalent goodsorservicestothecustomerinareasonablequantity and at the price at which the first-mentioned goods or services were advertised, and, where the offer was accepted by the customer, the person has so supplied, or procured another person to supply, such equivalent goods or services.
Compare: 1969 No 12 s 10(3), (4); Trade Practices Act 1974 s 56 (Aust)
21 Demanding or accepting payment without intending to supply as ordered No person shall demand or accept payment or other consideration for goods or services, if at the time of the demand or acceptance that person—
withinanyspecifiedperiod;orifnoperiodisspecified, within a reasonable time. Compare: Trade Practices Act 1974 s 58 (Aust)
shallmake,withrespecttotheprofitabilityorriskoranyother materialaspectofthebusinessactivity,arepresentationthatis false or misleading in a material particular. Compare: 1975No113s48B;1979No40s23;TradePracticesAct1974s59
(Aust)
No person shall use physical force or harassment or coercion in connection with the supply or possible supply of goods or services or the payment for goods or services. Compare: Trade Practices Act 1974 s 60 (Aust)
(a) a scheme—
19
aninvestmentopportunity,whetherpersonallyor through an agent, rather than an opportunity to buy or supply goods or services; and
(iii) that is or is likely to be unfair to many of the participants in the scheme in that—
(b) aschemeofthetypecommonlyknownasachainletter scheme (whether or not it provides for the supply of goods or services or both) that is likely to be unfair to many of the participants in the scheme, in that—
Compare: 1975 No 113 s 48A; 1979 No 140 s 22(1)
Section24(2)(a)(ii): substituted,on8July2003,bysection5oftheFairTrading Amendment Act 2003 (2003 No 31).
25 Provisions of this Part not limited by reference to other provisions of this Part No provision of this Part limits or affects any other provision of this Part.
Amendment Act 1994 (1994 No 124).
Section26(2): amended,on 1 October 1996, by section 289(1) of the Customs and Excise Act 1996 (1996 No 27).
Part 2: substituted, on 28 July 1997, by section 3 of the Fair Trading Amend ment Act 1997 (1997 No 43).
of the Medicines Act 1981, except in relation to the price of the medicine or related product. Section 27: substituted, on 28 July 1997, by section 3 of the Fair Trading
Amendment Act 1997 (1997 No 43).
and it must be presumed for the purposes of this section, unlessthecontraryisestablished,thatthegoodssoidentifiedare intended to be so used.
(4) For the purposes of subsection (3), a statement is deemed to be applied to goods if the statement is—
Section 28: substituted, on 28 July 1997, by section 3 of the Fair Trading Amendment Act 1997 (1997 No 43).
Amendment Act 1997 (1997 No 43).
and it must be presumed for the purposes of this section, unlessthecontraryisestablished,thatthegoodssoidentifiedare intended to be so used.
(4) For the purposes of subsection (3), a statement is deemed to be applied to goods if the statement is—
Section 30: substituted, on 28 July 1997, by section 4 of the Fair Trading Amendment Act 1997 (1997 No 43).
suant to section 29 in respect of the goods,— theMinistermay,bynoticeinthe Gazette,prohibitthesupply ofthegoodsindefinitelyorforsuchperiodasmaybespecified in the notice.
section (3). Compare: Trade Practices Act 1974 s 62(1)(b), (2D), (2E) (Aust)
(1) Whereaperson(inthissectionreferredtoasthesupplier)has in trade supplied goods which—
any person— andthesupplierhasnotrecalledthegoodsortakensatisfactory action to recall the goods the Minister may, by notice to the supplier, require the supplier to take the action specified in subsection (3).
33 Importation of certain goods prohibited All goods the supply of which would constitute a contraventionofthisPartareherebyprohibitedtobeimportedintoNew Zealandandshallbedeemedtobeincludedamonggoodspro
27
hibited to be imported under section 54 of the Customs and Excise Act 1996 and the provisions of that Act shall apply to such goods accordingly. Section33: amended,on1October1996,bysection289(1)oftheCustomsand
Excise Act 1996 (1996 No 27).
34 Meaning of services For the purposes of this Part services means the performance of work by way of—
Amendment Act 1997 (1997 No 43).
Amendment Act 1997 (1997 No 43).
Part 5 Enforcement and remedies
Jurisdiction of courts
37 Jurisdiction of High Court In accordance with this Part, the High Court shall hear and determine the following matters—
Section 37(a): amended, on 8 July 2003, by section 6(1) of the Fair Trading Amendment Act 2003 (2003 No 31).
Section 37(ab): inserted, on 8 July 2003, by section 6(2) of the Fair Trading Amendment Act 2003 (2003 No 31).
38 Jurisdiction of District Courts InaccordancewiththisPart,theDistrictCourtsshallhearand determine the following matters—
Section 38(a): amended, on 8 July 2003, by section 7(a) of the Fair Trading Amendment Act 2003 (2003 No 31).
Section 38(b): amended, on 8 July 2003, by section 7(b) of the Fair Trading Amendment Act 2003 (2003 No 31).
39 Jurisdiction of Disputes Tribunals In accordance with this Part, a Disputes Tribunal established under section4 oftheDisputesTribunalsAct1988shallhave jurisdiction to hear and determine applications for orders under section 43(2)(c) to (f) of this Act (except in respect of a contravention of section 9 of this Act). Section 39: substituted, on 1 March 1989, by section 82(2) of the Disputes
Tribunals Act 1988 (1988 No 110).
Offences
(1) Everypersonwhocontravenesanyoftheprovisionsof Part1 (except sections 9, 14(2), 23, and 24), or Part 2, or Part 3 or Part 4, commits an offence and is liable on summary convic tion—
(1A) Everypersonwhocontravenessection24commitsanoffence and is liable on summary conviction to a fine not exceeding $200,000.
(2) Where a person is convicted, whether in the same or separate proceedings,of2ormoreoffencesinrespectofcontraventions of the same provisions of this Act and those contraventions are of the same or a substantially similar nature and occurred at or about the same time, the aggregate amount of any fines imposedonthatpersoninrespectofthoseconvictionsshallnot exceed the amountofthemaximum finethat maybe imposed in respect of a conviction for a single offence.
(3) Despite section14 oftheSummaryProceedingsAct1957,proceedings under this section may be commenced at any time within3yearsafterthemattergivingrisetothecontravention was discovered or ought reasonably to have been discovered. Compare: Trade Practices Act 1974 s 79(3) (Aust) Section40(1): amended,on 8 July 2003,by section 8(1)(a) of theFairTrading Amendment Act 2003 (2003 No 31).
Section40(1)(a): amended,on8July2003,bysection8(1)(b)oftheFairTrad ing Amendment Act 2003 (2003 No 31).
Section40(1)(b): amended,on8July2003,bysection8(1)(c)oftheFairTrad ing Amendment Act 2003 (2003 No 31).
Section 40(1A): inserted, on 8 July 2003, by section 8(2) of the Fair Trading Amendment Act 2003 (2003 No 31).
Section 40(3): substituted, on 8 July 2003, by section 8(3) of the Fair Trading Amendment Act 2003 (2003 No 31).
40A Additional penalty for contravention of section 24 involving commercial gain
Section40A:inserted,on8July2003,by section9 oftheFairTradingAmendment Act 2003 (2003 No 31).
Civil proceedings
whether or not it appears to the court that the person intends to engage again, or to continue to engage, in conduct of that kind.
(4) Whereanapplicationismadetothecourtunderthissectionfor the grant of an injunction restraining a person from engaging in conduct of a particular kind, the court may,—
whether or not the person has previously engaged in conduct ofthatkindandwhetherornotthereisanimminentdangerof substantialdamagetoanypersonifthefirst-mentionedperson engages in conduct of that kind.
(5) If the Commission applies to the court for the grant of an interim injunction, the court must not, as a condition of granting an interim injunction, require the Commission to give an undertaking as to damages.
(6) However,indeterminingtheCommission’sapplicationforthe grantofaninteriminjunction,thecourtmustnottakeintoaccountthattheCommissionisnotrequiredtogiveanundertaking as to damages. Compare: 1986 No 5 s 88A; Trade Practices Act 1974 s 80(1)–(5) (Aust) Section41(5): added,on8July2003,bysection10oftheFairTradingAmend ment Act 2003 (2003 No 31).
Section41(6): added,on8July2003,bysection10oftheFairTradingAmend ment Act 2003 (2003 No 31).
Section 41 compare note: amended, on 8 July 2003, by section 10 of the Fair Trading Amendment Act 2003 (2003 No 31).
(1) Where, on the application of the Commission, the court is satisfied that a person has engaged in conduct constituting a contraventionofanyoftheprovisionsof Parts1to4 ,thecourt may (whether or not that person has previously engaged in such conduct), make either or both of the following orders:
(a) an order requiring that person, or any other person involvedinthecontravention,todisclose,atthatperson’s own expense, to the public, or to a particular person or to persons included in a particular class of persons, in
33
such manner as is specified in the order, such information, or information of such a kind, as is so specified, beinginformationthatisinthepossessionoftheperson to whom the order is directed or to which that person has access:
(b) an order requiring that person, or any other person involved in the contravention,topublish, at that person’s own expense, in such manner and at such times as are specified in the order, corrective statements the terms ofwhicharespecifiedin,oraretobedeterminedinaccordance with, the order.
(2) The court may hear and determine an application under subsection (1) in conjunction with any other proceedings under any of sections 40, 40A, 41, or 43.
(3) In this section, court includes a District Court. Compare: Trade Practices Act 1974 s 80A(1) (Aust) Section42(2): added,on8July2003,bysection11oftheFairTradingAmend ment Act 2003 (2003 No 31).
Section42(3): added,on8July2003,bysection11oftheFairTradingAmend ment Act 2003 (2003 No 31).
(1) Where, in any proceedings under this Part, or on the application of any person, the court finds that a person, whether or notthatpersonisapartytotheproceedings,hassuffered,oris likelytosuffer,lossordamagebyconductofanyotherperson that constitutes or would constitute—
thecourtmay(whetherornotitgrantsaninjunctionormakes any other order under this Part) make all or any of the orders referred to in subsection (2).
(4A) Where, in respect of any proceedings properly before a Disputes Tribunal, the jurisdiction of the Tribunal has been ex tended under an agreement made pursuant to section 13 of the Disputes Tribunals Act 1988, subsection (4) of this section shall be read as if every reference in that subsection to $15,000 were a reference to $20,000.
(9) Nothing in this section affects section 317 of the Accident Compensation Act 2001. Compare: Trade Practices Act 1974 s 87(1), (1A), (2) (Aust) Section 43(3)(a): amended, on 1 July 1992, by section 19(1) of the District Courts Amendment Act 1991 (1991 No 61).
Section 43(3)(b): amended, on 1 July 1992, by section 19(1) of the District Courts Amendment Act 1991 (1991 No 61).
Section 43(3)(c): amended, on 1 July 1992, by section 19(1) of the District Courts Amendment Act 1991 (1991 No 61).
Section 43(3)(d): amended, on 1 July 1992, by section 19(1) of the District Courts Amendment Act 1991 (1991 No 61).
Section 43(3)(e): amended, on 1 July 1992, by section 19(1) of the District Courts Amendment Act 1991 (1991 No 61).
Section 43(3)(f): amended, on 1 July 1992, by section 19(1) of the District Courts Amendment Act 1991 (1991 No 61).
Section 43(4): substituted, on 1 March 1989, by section 82(2) of the Disputes Tribunals Act 1988 (1988 No 110).
Section 43(4)(a): amended, on 1 August 2009, by section 8 of the Disputes Tribunals Amendment Act 2009 (2009 No 22).
Section 43(4)(b): amended, on 1 August 2009, by section 8 of the Disputes Tribunals Amendment Act 2009 (2009 No 22).
Section 43(4)(c): amended, on 1 August 2009, by section 8 of the Disputes Tribunals Amendment Act 2009 (2009 No 22).
Section 43(4)(d): amended, on 1 August 2009, by section 8 of the Disputes Tribunals Amendment Act 2009 (2009 No 22).
Section 43(4A): inserted, on 1 March 1989, by section 82(2) of the Disputes Tribunals Act 1988 (1988 No 110).
Section 43(4A): amended, on 1 August 2009, by section 8 of the Disputes Tri bunals Amendment Act 2009 (2009 No 22).
Section 43(5): substituted, on 3 May 2001, by section 3 of the Fair Trading Amendment Act 2001 (2001 No 20).
Section 43(8): amended, on 1 March 1989, by section 82(2) of the Disputes Tribunals Act 1988 (1988 No 110).
Section 43(9): amended, on 3 March 2010, pursuant to section 5(1)(b) of the Accident Compensation Amendment Act 2010 (2010 No 1).
Section 43(9): amended, on 1 April 2002, by section 337(1) of the Injury Pre vention, Rehabilitation, and Compensation Act 2001 (2001 No 49).
a contravention of a provision of this Act committed by the publication of an advertisement, if the defendant proves—
Section 44(5): amended, on 8 July 2003, by section 12 of the Fair Trading Amendment Act 2003 (2003 No 31).
shall be deemed, for the purposes of this Act, to have been engaged in also by the body corporate.
shall be deemed, for the purposes of this Act, to have been engaged in also by the first-mentioned person.
(5) A reference in this section to the state of mind of a person in-cludesareferencetotheknowledge,intention,opinion,belief or purpose of the person and the person’s reasons for that intention, opinion, belief or purpose. Compare: Trade Practices Act 1974 s 84 (Aust)
46 Finding in proceedings to be evidence In any application for an order against a person under section 43 ,afindingofanyfactmadeinproceedingsforaninjunction under section 41 or for an order under section 40A or section 42 , or for an offence under section 40, being proceedings be fore the High Court or a District Court in which that person was found to have engaged in conduct of the kind referred to in section 43(1)(a) to (e) is prima facie evidence of that fact and the finding may be proved by production of a document under the seal of the court or District Court, as the case may be, in which the finding was made. Compare: Trade Practices Act 1974 s 83 (Aust) Section46: amended,on8July2003,bysection13oftheFairTradingAmend ment Act 2003 (2003 No 31).
Section47: substituted,on1July1990,bysection3oftheFairTradingAmendment Act 1990 (1990 No 42).
Section 47(1): substituted, on 8 July 2003, by section 14 of the Fair Trading Amendment Act 2003 (2003 No 31).
Section 47(2): substituted, on 8 July 2003, by section 14 of the Fair Trading Amendment Act 2003 (2003 No 31).
ment Act 1990 (1990 No 42).
A person executing a warrant under section 47—
Section47B:inserted,on1July1990,bysection3oftheFairTradingAmendment Act 1990 (1990 No 42).
Section47C:inserted,on1July1990,bysection3oftheFairTradingAmendment Act 1990 (1990 No 42).
47D Duty to assist The occupier or person in charge of the place that a person authorisedpursuanttoawarrantissuedunder section47 enters forthepurpose ofsearching mustprovidethatpersonwithall reasonable facilities and assistance in executing the warrant. Section47D:inserted,on1July1990,bysection3oftheFairTradingAmend
ment Act 1990 (1990 No 42).
The Commission, or any person authorised in writing by the Commission for the purpose, may—
Section47E:inserted,on1July1990,bysection3oftheFairTradingAmendment Act 1990 (1990 No 42).
Every person who resists, obstructs, or delays any authorised person acting pursuant to a warrant issued under section 47 commits an offence and is liable on summary conviction to a fine not exceeding $10,000 in the case of an individual, or $30,000 in the case of a body corporate. Section47F:inserted,on1July1990,bysection3oftheFairTradingAmend
ment Act 1990 (1990 No 42).
the supply of the informationordocuments as witnesseshave in any court. Compare: 1986 No 5 s 98; 1994 No 143 s 138(2)
Section47G:inserted,on8July2003,by section15 oftheFairTradingAmendment Act 2003 (2003 No 31).
(1) Any notice given by the Commission under section 47G is sufficiently given if—
(2) In all courts and in all proceedings under this Act, notices given under section 47G that purport to be signed by, or on behalf of, the Commission or to be sealed with the seal of the Commission must be treated as having been signed or sealed withdueauthorityinaccordancewithsubsection(1)(b)unless the contrary is proved. Compare: 1986 No 5 s 101 Section47H:inserted,on8July2003,by section15 oftheFairTradingAmendment Act 2003 (2003 No 31).
Section47I:inserted,on8July2003,by section15 oftheFairTradingAmendment Act 2003 (2003 No 31).
thecontraventionwasdiscoveredoroughtreasonablytohave been discovered. Compare: 1986 No 5 s 103
Section47J:inserted,on8July2003,by section15 oftheFairTradingAmendment Act 2003 (2003 No 31).
Section 48(2): substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section48(4): added,on25January2005,bysection200oftheCrownEntities Act 2004 (2004 No 115).
Section48(5): added,on25January2005,bysection200oftheCrownEntities Act 2004 (2004 No 115).
Section48(6): added,on25January2005,bysection200oftheCrownEntities Act 2004 (2004 No 115).
48A Sharing of information and documents with Financial Markets Authority or Takeovers Panel
Section48A:substituted,on1May2011,by section82 oftheFinancialMarkets Authority Act 2011 (2011 No 5).
ernment of New Zealand and the Government of the People’s Republic of China done at Beijing on 7 April 2008. Section51: added,on1October2008,bysection6oftheFairTradingAmend
ment Act 2008 (2008 No 52).
[Repealed]
Schedule1: repealed,on1April1993,bysection62(1)oftheHealthandSafety in Employment Act 1992 (1992 No 96).
Schedule 2 s 49(2), (3) Enactments repealed
Part A
Amendment(s) incorporated in the Act(s) .
Consumer Information Act 1969 (1969 No 12) Employment Agents Act 1908 (1908 No 174) (RSVol 17, p 201) Employment Agents Amendment Act 1960 (1960 No 24) (RS
Vol 17, p 209)
Vol 17, p 211) Fertilisers Act 1982 (1982 No 134)
Amendment(s) incorporated in the Act(s).
Labour Department Act 1954 (1954 No 71)
Amendment(s) incorporated in the Act(s).
Amendment(s) incorporated in the Act(s) .
Part B Safety of Children’s Night Clothes Act 1977 (1977 No 87) Wool Labelling Act 1949 (1949 No 41) (RS Vol 11, p 903)
Schedule 3 s 49(4) Orders and notices revoked Clothing Marking Order 1956 (SR 1956/118) Consumer Information (Quantity) Notice 1971 (SR 1971/150) Consumer Information (Quantity) Notice 1973 (SR 1973/139) Dry Cell Batteries Marking Order (No 2) 1957 (SR 1957/205) Footwear Marking Order 1955 (SR 1955/208)
Fair Trading Act 1986 | Reprinted as at1 May 2011 | ||
---|---|---|---|
Fair Trading Amendment Act 1997 | |||
Public Act Date of assent Commencement | 1997 No 43 28 July 1997 28 July 1997 | ||
1 | Short Title This Act may be cited as the Fair Trading Amendment Act 1997, and is part of the Fair Trading Act 1986 (“the principal Act”). | ||
6 (1) (2) | Transitional provisions relating to regulations in force before commencement of this Act Regulations made under section 27 or section 28 of the principal Act (as in force before the commencement of this Act) andthatwere inforceimmediatelybeforethecommencement of this Act are deemed to have been made under section 27 of the principal Act (as substituted by this Act). Regulationsmadeundersection29orsection30orunderboth sections 29 and 30 of the principal Act (as in force before the commencement of this Act) and that were in force immediatelybeforethecommencementofthisActaredeemedtohave beenmadeundersection29oftheprincipalAct(assubstituted by this Act). |
1 General
2 Status of reprints
3 How reprints are prepared
4 Changesmadeundersection17CoftheActsandRegulations Publication Act 1989
5 List of amendments incorporated in this reprint (most recent first)
Notes
This is a reprint of the Fair Trading Act 1986. The reprint incorporates all the amendments to the Act as at 1 May 2011, asspecifiedinthelistofamendmentsattheendofthesenotes.
Relevantprovisionsofany amending enactments thatcontain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/ .
Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the dateofthereprint,thelawenactedbytheprincipalenactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.
This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.
A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted.
57
For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part8ofthe Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.
Section17C oftheActsandRegulationsPublicationAct1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes thatwould alter the effect of the legislation are not permitted.
Anewformatoflegislationwasintroducedon1January2000. Changestolegislativedraftingstylehavealsobeenmadesince 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislationreprintedafter1January2000isinthenewformat forlegislationandreflectscurrentdraftingpracticeatthetime of the reprint.
In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:
• omission of unnecessary referential words (such as “of this section” and “of this Act”)
Financial Markets Authority Act 2011 (2011 No 5): section 82 Accident Compensation Amendment Act2010 (2010 No 1): section 5(1)(b) Disputes Tribunals Amendment Act 2009 (2009 No 22): section 8 Fair Trading Amendment Act 2008 (2008 No 52) Fair Trading Amendment Act 2006 (2006 No 49) Crown Entities Act 2004 (2004 No 115): section 200 Fair Trading Amendment Act (No 2) 2003 (2003 No 34) Fair Trading Amendment Act 2003 (2003 No 31) Trade Marks Act 2002 (2002 No 49): section 201 Injury Prevention, Rehabilitation, and Compensation Act 2001 (2001 No 49):
section 337(1) Fair Trading Amendment Act 2001 (2001 No 20)
Fair Trading Amendment Act 2000 (2000 No 64) Trade Marks Amendment Act 1999 (1999 No 121): section 8(1) Fair Trading Amendment Act 1997 (1997 No 43) Customs and Excise Act 1996 (1996 No 27): section 289(1) Newspapersand Printers Act Repeal Act 1995 (1995No 13): section 4(3) Fair Trading Amendment Act 1994 (1994 No 124) Company Law Reform (Transitional Provisions) Act 1994 (1994 No 16):
section 2 Health and Safety in Employment Act 1992 (1992 No 96): section 62(1) District Courts Amendment Act 1991 (1991 No 61): section 19(1) Fair Trading Amendment Act 1990 (1990 No 42) Disputes Tribunals Act 1988 (1988 No 110): section 82(2) Trade Marks Amendment Act 1987 (1987 No 156): section 33(1)
Wellington, New Zealand: Published under the authority of the New Zealand Government—2011