Fair Trading Act 1986

Reprint as at 24 October 2012

Fair Trading Act 1986

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

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

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

This Act is administered by the Ministry of Consumer Affairs.

Contents

Title

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7 Money to be appropriated by Parliament for purposes of this Act [Repealed]

8 Annual report [Repealed]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 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18 Trading stamp schemes prohibited [Repealed]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

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

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

44 Defences

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 [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

47G Commission may require person to supply information or documents

47H Notices

47I Service of notices

47J Offence to contravene section 47G

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

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

Fair Trading Amendment Act 1997

Search and Surveillance Act 2012

Reprint notes

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