Fair Trading Act 1986

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2 Interpretation

  • (1) In this Act, unless the context otherwise requires,—

    Acquire,—

    • (a) In relation to goods, includes obtain by way of gift, purchase, or exchange; and also includes take on lease, hire, or hire purchase:

    • (b) In relation to services, includes accept:

    • (c) In relation to interests in land, includes obtain by way of gift, purchase, exchange, lease or licence and acquisition has a corresponding meaning:

    Advertisement means any form of communication made to the 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—

    • (a) That is carried on whether for gain or reward or not; or

    • (b) In the course of which—

      • (i) Goods or services are acquired or supplied; or

      • (ii) Any interest in land is acquired or disposed of—

      whether free of charge or not:

    Commission means the Commerce Commission established by section 8 of the Commerce Act 1986

    “Commission”: this definition was amended, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115) by omitting the words “; and includes a Division of the Commission, or a member of the Commission, performing any function of the Commission”.

    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—

    • (a) Any writing on any material:

    • (b) Any information recorded or stored by means of any tape-recorder, computer, or other device; and any material subsequently derived from information so recorded or stored:

    • (c) Any label, marking, or other writing that identifies or describes any thing of which it forms part, or to which it is attached by any means:

    • (d) Any book, map, plan, graph, or drawing:

    • (e) Any photograph, film, negative, tape, or other device in which one or more visual images are embodied so as to be capable (with or without the aid of some other equipment) of being reproduced:

    goods —

    • (a) means personal property of every kind (whether tangible or intangible); and

    • (b) includes—

      • (i) ships, aircraft, and vehicles:

      • (ii) animals, including fish:

      • (iii) minerals, trees, and crops, whether on, under, or attached to land or not:

      • (iv) gas and electricity:

      • (v) to avoid doubt, water and computer software.

    goods: this definition was substituted, as from 8 July 2003, by section 3(1) Fair Trading Amendment Act (No 2) 2003 (2003 No 34).

    Local authority includes every local authority and every public body or other authority created by or pursuant to any public Act or local Act

    Minister means the Minister of Consumer Affairs

    Officer of the Commission

    [Repealed]

    “Officer of the Commission”: this definition was repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).

    Official standard means—

    • (b) A standard specification prescribed by a body, organisation, or association having or performing similar functions to those of the Standards Council within the meaning of section 2 of the Standards Act 1988:

    Official standard: this definition was inserted, as from 28 July 1997, by section 2 Fair Trading Amendment Act 1997 (1997 No 43).

    Person includes a local authority, and any association of persons whether incorporated or not

    Place includes any premises, building, aircraft, ship, carriage, vehicle, box, or receptacle

    Place: this definition was inserted, as from 1 July 1990, by section 2 Fair Trading Amendment Act 1990 (1990 No 42).

    Price includes valuable consideration in any form, whether direct 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

    Services includes any rights (including rights in relation to, 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 to be provided, granted, or conferred under any of the following classes of contract

    • (a) A contract for, or in relation to,—

      • (i) The performance of work (including work of a professional nature), whether with or without the supply of goods; or

      • (ii) The provision of, or the use or enjoyment of facilities for, accommodation, amusement, the care of persons or animals or things, entertainment, instruction, parking, or recreation; or

      • (iii) The conferring of rights, benefits, or privileges for which remuneration is payable in the form of a royalty, tribute, levy, or similar exaction:

      • (iv) to avoid doubt, the supply of electricity, gas, telecommunications, or water, or the removal of waste water:

    • (b) A contract of insurance, including life assurance, and life reassurance:

    • (c) A contract between a bank and a customer of the bank:

    • (d) Any contract for, or in relation to, the lending of money or granting of credit, or the making of arrangements for the lending of money or granting of credit, or the buying or discounting of a credit instrument, or the acceptance of deposits;—

    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

    services: paragraph (a)(iv) of this definition was inserted, as from 8 July 2003, by section 3(2) Fair Trading Amendment Act (No 2) 2003 (2003 No 34).

    Supply—

    • (a) In relation to goods, includes supply (or resupply) by way of gift, sale, exchange, lease, hire, or hire purchase; and

    • (b) In relation to services, includes provide, grant, or confer;—

    and supply as a noun, supplied, and supplier have corresponding meanings

    Trade means any trade, business, industry, profession, occupation, activity of commerce, or undertaking relating to the supply or acquisition of goods or services or to the disposition or acquisition of any interest in land.

    (2) In this Act, a reference to engaging in conduct shall be read as a reference to doing or refusing to do an act, and includes,—

    • (a) Omitting to do an act; or

    • (b) Making it known that an act will or, as the case may be, will not be done.

    (3) In this Act—

    • (a) A reference to the acquisition of goods includes a reference to the acquisition of property in, or rights in relation to, goods, in pursuance of a supply of the goods:

    • (b) A reference to the supply or acquisition of goods or services includes a reference to agreeing to supply or acquire goods or services:

    • (c) A reference to the supply or acquisition of goods includes a reference to the supply or acquisition of goods together with other property or services or both:

    • (d) A reference to the supply or acquisition of services includes a reference to the supply or acquisition of services together with property or other services or both:

    • (e) A reference to the resupply of goods acquired from a person includes a reference to—

      • (i) A supply of goods to another person in an altered form or condition; and

      • (ii) A supply to another person of other goods in which the goods have been incorporated.