Reprint as at 1 April 2014

Fair Trading Act 1986

Public Act1986 No 121
Date of assent17 December 1986
Commencementsee section 1(2)

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Ministry of Consumer Affairs.


Contents

Title [Repealed]

1 Short Title and commencement

1A Purpose

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5A No liability under Act if not liable under Securities Act 1978 or Securities Markets Act 1988 [Repealed]

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7 Money to be appropriated by Parliament for purposes of this Act [Repealed]

8 Annual report [Repealed]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
Unfair conduct

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

14A When vendor bids are misrepresentations

15 Limited application of sections 9 to 14 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18 Trading stamp schemes prohibited [Repealed]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 not limited by reference to other provisions of this Part

26 Importation of goods bearing false trade description

Part 2
Consumer information

27 Consumer information standards

28 Compliance with consumer information standards

28A Regulations relating to disclosure by fund-raisers making requests for charitable purposes

Part 3
Product safety

29 Product safety standards

30 Compliance with product safety standards

30A Product safety policy statements

30B Review of product safety policy statements

31 Unsafe goods

31A Voluntary product recall

32 Compulsory product recall

33 Importation of certain goods prohibited

Product safety officers

33A Appointment of product safety officers

33B Certificates of appointment

33C Powers of product safety officers

33D Suspension of supply notices

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

Offences

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

43A Application for order under section 43

43B Limits on jurisdiction of District Court and Disputes Tribunal to make orders under section 43

44 Defences

45 Conduct by servants or agents

46 Finding in proceedings to be evidence

Enforceable undertakings

46A Commission may accept undertakings

46B Enforcement of undertakings

Management banning orders

46C Management banning orders

46D Terms of management banning orders

46E Offence to breach management banning order

46F Procedures relating to management banning order

46G Seeking leave of court

Part 6
Miscellaneous provisions

47 Power to search

47A Powers conferred by warrant [Repealed]

47B Warrant to be produced [Repealed]

47C Other duties of person who executes a warrant [Repealed]

47D Duty to assist [Repealed]

47E Power to inspect documents and goods [Repealed]

47F Offence to resist, obstruct, or delay

47G Commission may require person to supply information or documents or give evidence

47H Notices

47I Service of notices

47J Offence to contravene section 47G

47K Commission may authorise employees for monitoring and enforcement purposes

47L Powers of authorised employees

48 Proceedings privileged

48A Sharing of information and documents with Financial Markets Authority or Takeovers Panel

48B Purpose of sections 48C to 48O (which relate to assistance to overseas regulators)

48C Definitions of terms used in sections 48B to 48O

48D Restrictions on providing compulsorily acquired information and investigative assistance

48E Government-to-government co-operation arrangements

48F Regulator-to-regulator co-operation arrangements

48G Content of co-operation arrangements

48H Procedures relating to co-operation arrangements

48I Providing compulsorily acquired information and investigative assistance

48J Conditions on providing compulsorily acquired information and investigative assistance

48K Notice to persons affected by provision of information

48L Reporting on use of co-operation arrangements

48M Sharing of non-compulsorily acquired information not affected

48N Information provided by consent

48O Maintenance of privilege

48P Proceedings relating to financial products or financial services

48Q No pecuniary penalty and fine for same conduct involving financial products or financial services

48R Unsubstantiated representations prohibition does not apply to financial markets disclosure

48S Certain conduct under Financial Markets Conduct Act 2013 does not contravene various provisions of this Act

49 Repeals and consequential amendments

50 Saving of other laws

51 Application of Act to goods that are, or may be, exported to China

Schedule 1
Enactment amended

[Repealed]

Schedule 2
Enactments repealed

Schedule 3
Orders and notices revoked

Financial Markets (Repeals and Amendments) Act 2013

Reprint notes


Title  [Repealed]

  • Title: repealed, on 18 December 2013, by section 4 of the Fair Trading Amendment Act 2013 (2013 No 143).