Consumer Law Reform Bill

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Hon Simon Bridges

Consumer Law Reform Bill

Government Bill

287—2

As reported from the Commerce Committee

Contents

Commentary

Key

1 Title

2 Commencement

Part 1
Amendments to consumer laws

Subpart 1Fair Trading Act 1986

3 Principal Act amended

Purpose

4 Long Title repealed

5 New section 1A inserted

Interpretation

6 Interpretation

Application of Act to the Crown

6A Application of Act to the Crown

No contracting out

7 New sections 5C and 5D inserted

8 Heading to Part 1 substituted

Unsubstantiated representations

9 New heading and section 12A inserted

False or misleading representations

10 False or misleading representations

Unsolicited goods and services

11 New sections 21A to 21D inserted

11A New heading and section 26A inserted

Consumer information standards

12 Consumer information standards

12A Compliance with consumer information standards

Disclosure of trader status

12B New section 28B inserted

Product safety

13 New sections 30A and 30B inserted

Declaring goods unsafe

14 Unsafe goods

Product recall

15 New section 31A inserted

16 Compulsory product recall

Product safety officers

17 New heading and sections 33A to 33D inserted

New Part 4A inserted

18 New Part 4A inserted

Jurisdiction

19 Jurisdiction of High Court

20 Jurisdiction of District Courts

21 Jurisdiction of Disputes Tribunals

Offences and orders

22 Contraventions of provisions of Part 1, Part 2, Part 3, and Part 4 an offence

22A Additional penalty for contravention of section 24 involving commercial gain

23 New sections 40B to 40H inserted

23A Summary Proceedings Act 1957 consequentially amended

23B Order to disclose information or publish advertisement

24 New sections 43 to 43B substituted

25 Defences

25A Finding in proceedings to be evidence

Enforceable undertakings and management banning orders

26 New headings and sections 46A to 46G inserted

26A New heading and sections 46H to 46M inserted

Offences (consequential)

27 New section 47F substituted

27A Commission may require person to supply information or documents

Authorised employees

28 New sections 47K and 47L inserted

Consequential amendments, repeals, and savings

29 Saving of other laws

30 Consequential repeals and amendments

31 Repeal and savings relating to Layby Sales Act 1971

Subpart 2Consumer Guarantees Act 1993

32 Principal Act amended

Purpose

33 Long Title repealed

34 New section 1A inserted

Gas and electricity, and auctioneers

35 Interpretation

Delivery of goods

35A New section 5A inserted

35B Meaning of acceptable quality

Gas and electricity

36 New sections 7A and 7B inserted

Collateral credit agreements

37 New section 23A inserted

37A New section 39A inserted

Carriage of goods

38 Saving

Auctioneers

39 Exceptions

40 New section 41A inserted

Contracting out for business transactions

40A No contracting out except for business transactions

Gas and electricity

41 New section 46A inserted

Jurisdiction

42 Jurisdiction

Gas and electricity

43 Consequential amendments in Schedule 2

Subpart 3Weights and Measures Act 1987

44 Principal Act amended

45 Long Title repealed

46 New section 1A inserted

47 Interpretation

48 New section 6 substituted

49 Inspectors' working standards

50 Accredited persons' working standards

51 New section 13 substituted

52 New sections 15 and 15A substituted

53 New section 22B inserted

53A Infringement offences

53B Form and content of infringement notice

53C New section 32BA inserted

53D New section 33 substituted

54 Infringement fee

54 Section 33A repealed

55 Regulations

55A New section 41B inserted

Subpart 4Secondhand Dealers and Pawnbrokers Act 2004

56 Principal Act amended

57 Interpretation

58 Secondhand dealers engaged in business to be licensed

Subpart 5Carriage of Goods Act 1979

59 Principal Act amended

60 Other remedies affected

61 Contracting out

62 New section 8A inserted

63 Limitation of amount of carrier's liability

Part 2
Auctioneers

64 Purpose of Part

65 Interpretation

Registration requirements

66 Registration of person carrying on business as auctioneer

67 Disqualification from registration

Restriction on who registered auctioneers may engage as auctioneer

67A Restriction on who registered auctioneers may engage as auctioneer

Application for registration

68 Application for registration to carry on business as auctioneer

69 Information and material to be included in application

70 Acceptance of application

71 Refusal of application

Duration of registration

72 Registration expires after 12 months

73 Annual confirmation

74 Cancelling registrations

75 When registered auctioneer ceases to be registered

76 Obligation to notify Registrar of changes

Record-keeping obligations

77 Auctioneer record

78 Storage and inspection of auctioneer record

Registrar and register

79 Registrar of Auctioneers

80 Registrar's certificate

81 Register of auctioneers

Appeals against decisions of Registrar

82 Appeals

83 Interim order by District Court

Offences

84 Offences

Regulations

85 Regulations

Transitional provisions

86 Application of this Part to existing licence holders and others

Consequential and other amendments

87 Amendments removing exemption from requirement to be registered

88 Consequential repeal and amendments

Schedule 1
Consequential amendments arising from amendments to Fair Trading Act 1986

Schedule 2
Consequential amendments relating to gas and electricity arising from amendments to Consumer Guarantees Act 1993

Schedule 3
Amendments relating to auctioneers

Legislative history


The Parliament of New Zealand enacts as follows: