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New Zealand Legislation: Acts

Acts are laws made by Parliament

Reprint as at 29 February 2008

Fair Trading Act 1986

Public Act	1986 No 121
Date of assent	17 December 1986

Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this eprint.

A general outline of these changes is set out in the notes at the end of this eprint, together with other explanatory material about this eprint.

This Act is administered in the Ministry of Commerce

Contents

1 Short Title and commencement

2 Interpretation

3 Application of Act to conduct outside New Zealand

4 Application of Act to the Crown

5 Application of Act to Crown corporations

5A No liability under Act if not liable under Securities Act 1978 or Securities Markets Act 1988

5B Act does not apply to certain conduct regulated by takeovers code

6 Functions of Commission in relation to dissemination of information

7 Money to be appropriated by Parliament for purposes of this Act [Repealed]

8 Annual report [Repealed]

Part 1
Misleading and deceptive conduct, false representations, and unfair practices

Misleading and deceptive conduct

9 Misleading and deceptive conduct generally

10 Misleading conduct in relation to goods

11 Misleading conduct in relation to services

12 Misleading conduct in relation to employment

False representations

13 False or misleading representations

14 False representations and other misleading conduct in relation to land

15 Limited application of sections 9 to 14 of this Act to news media

16 Certain conduct in relation to trade marks prohibited

Unfair practices

17 Offering gifts and prizes

18 Trading stamp schemes prohibited [Repealed]

19 Bait advertising

20 Referral selling

21 Demanding or accepting payment without intending to supply as ordered

22 Misleading representations about certain business activities

23 Harassment and coercion

24 Pyramid selling schemes

25 Provisions of this Part of this Act not limited by reference to other provisions of this Part of this Act

26 Importation of goods bearing false trade description

Part 2
Consumer information

27 Consumer information standards

28 Compliance with consumer information standards

Part 3
Product safety

29 Product safety standards

30 Compliance with product safety standards

31 Unsafe goods

32 Compulsory product recall

33 Importation of certain goods prohibited

Part 4
Safety of services

34 Meaning of services

35 Safety standards in respect of services

36 Compliance with services safety standards

Part 5
Enforcement and remedies

Jurisdiction of Courts

37 Jurisdiction of High Court

38 Jurisdiction of District Courts

39 Jurisdiction of Disputes Tribunals

40 Contraventions of provisions of Part 1, Part 2, Part 3, and Part 4 an offence

40A Additional penalty for contravention of section 24 involving commercial gain

Civil proceedings

41 Injunctions may be granted by Court for contravention of Part 1, Part 2, Part 3, and Part 4

42 Order to disclose information or publish advertisement

43 Other orders

45 Conduct by servants or agents

46 Finding in proceedings to be evidence

Part 6
Miscellaneous provisions

47 Power to search

47A Powers conferred by warrant

47B Warrant to be produced

47C Other duties of person who executes a warrant

47D Duty to assist

47E Power to inspect documents and goods

47G Commission may require person to supply information or documents

47I Service of notices

47J Offence to contravene section 47G

48 Proceedings privileged

48A Sharing of information with Securities Commission or Takeovers Panel

49 Repeals and consequential amendments

50 Saving of other laws

[Repealed]

Schedule 2
Enactments repealed

Schedule 3
Orders and notices revoked

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

BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows: