New Zealand Legislation: Acts

26 Importation of goods bearing false trade description

• (1) This section applies to any goods to which a false trade description is applied.

  (2) All goods to which this section applies are hereby prohibited to be imported into New Zealand, and shall be deemed to be included among goods prohibited to be imported under section 54 of the Customs and Excise Act 1996 and the provisions of that Act shall apply to such goods accordingly.

  (3) In this section, false trade description means any representation which if made in connection with the supply or possible supply of goods or with the promotion by any means of the supply or use of goods would constitute a contravention of section 13(a), (d), or (j) of this Act.

  (4) For the purposes of subsection (1) of this section, a false trade description shall be deemed to be applied to goods if—

  • (a) It is woven in, impressed on, worked into, or annexed or affixed to the goods; or

  • (b) It is applied to a covering, label, reel, or thing in or with which the goods are supplied.

  (5) For the purposes of this section, a trade mark is not a representation.

  Section 26 was substituted, as from 1 January 1995, by section 3(1) Fair Trading Amendment Act 1994 (1994 No 124). See also section 3(2) of that Act, and regulation 2 Fair Trading Amendment Act Commencement Order 1994 (SR 1994/316).

  Subsection (2) was amended, as from 1 October 1996, by section 289(1) Customs and Excise Act 1996 (1996 No 27) by substituting the words “section 54 of the Customs and Excise Act 1996” for the words “section 48 of the Customs Act 1966”