Fair Trading Amendment Bill

Hon Kris Faafoi

Fair Trading Amendment Bill

Government Bill

213—1

Contents

Explanatory note
1Title
2Commencement
3Principal Act
4Section 2 amended (Interpretation)
5New section 2A inserted (Transitional, savings, and related provisions)
2ATransitional, savings, and related provisions
6New sections 7 and 8 and cross-heading inserted
7Unconscionable conduct
8Court may have regard to certain matters
7New sections 26B to 26E inserted
26BUnfair contract terms in standard form small trade contracts
26CDefinition of small trade contract
26DSmall trade contracts: trading relationship, annual value threshold, and other definitions
26ERegulations relating to definition of small trade contract
8Section 36L amended (Disclosure requirements relating to uninvited direct sale agreements)
9New section 36RA inserted (Directions to leave premises or not enter premises)
36RADirections to leave premises or not enter premises
10Section 36U amended (Disclosure requirements relating to extended warranty agreements)
11Section 37 amended (Jurisdiction of High Court)
12Section 44 amended (Defences)
13New section 46AA inserted (Matters included in undertakings)
46AAMatters included in undertakings
14Section 46C amended (Management banning orders)
15Section 46H amended (Application by Commission for declaration of unfair contract term)
16Section 46I amended (Declaration of unfair contract terms)
17Section 46K amended (Terms that may not be declared to be unfair contract terms)
18Section 46L amended (When term in consumer contract is unfair)
19Section 46M amended (Examples of unfair contract terms)
20New section 48T inserted (Powers of Commission to prohibit disclosure of information, documents, and evidence)
48TPowers of Commission to prohibit disclosure of information, documents, and evidence
21New Schedule 1AA inserted

The Parliament of New Zealand enacts as follows: