12B Court must have regard to certain matters

(1)

In proceedings concerning a contravention of section 12A, and in assessing whether a person had reasonable grounds for a representation, a court must have regard to all of the circumstances, including—

(a)

the nature of the goods, services, or interest in land in respect of which the representation was made:

(b)

the nature of the representation (for example, whether it was a representation about quality or quantity):

(c)

any research or other steps taken by or on behalf of the person before the person made the representation:

(d)

the nature and source of any information that the person relied on to make the representation:

(e)

the extent to which the person making the representation complied with the requirements of any standards, codes, or practices relating to the grounds on which such a representation may be made, and the nature of those requirements:

(f)

the actual or potential effects of the representation on any person.

(2)

Subsection (1) does not limit section 44.

Section 12B: inserted, on 17 June 2014, by section 10 of the Fair Trading Amendment Act 2013 (2013 No 143).