This Act may be cited as the Consumer Information Act 1969.

This Act shall come into force on the 1st day of June 1970.

In this Act, unless the context otherwise requires,—

All packagers of goods shall cause the packages to bear a label showing the name and address of the packager or the person on whose behalf the goods were packaged.

The Minister may from time to time, by notice in the Gazette, prohibit the distribution of such imported packaged goods or class or classes of imported packaged goods as may be specified in the notice unless the packages bear a label showing the name and address of the packager or the person on whose behalf the goods were packaged.

Subsections (1) and (2) of this section shall not apply in respect of packages that, by virtue of their small size, cannot readily accommodate the information required by those subsections.

Any notice made under subsection (2) of this section may at any time in a like manner be revoked in whole or in part or amended.

Every notice made under subsection (2) of this section shall specify the date on which it shall come into force, being a date not earlier than 6 months after the date of its publication in the Gazette, except in the case of a notice revoking a previous notice either in whole or in respect of some of the goods to which the previous notice relates.

A telegraphic address or code address or post office address shall not be a sufficient address for the purposes of this section.

In respect of an incorporated body, the name of the town in which the registered office of the body is situated shall be a sufficient address for the purposes of this section.

This section shall not apply to—

The Minister may from time to time, by notice in the Gazette,—

Any notice made under subsection (1) of this section may at any time in a like manner be revoked in whole or in part or amended.

Every notice made under subsection (1) of this section shall specify the date on which it shall come into force, being a date not earlier than 6 months after the date of its publication in the Gazette, except in the case of a notice revoking a previous notice either in whole or in respect of some of the goods to which the previous notice relates.

This section shall not apply to any food, drug, or medical device.

Without limiting the provisions of section 24 of this Act, the Governor-General may from time to time, by Order in Council, make regulations—

The particulars that may be prescribed by regulations made under subsection (1) of this section shall be—

All regulations made under this section shall specify the date on which they shall come into force, being a date not earlier than 6 months after the date of their notification in the Gazette, except in the case of regulations revoking previous regulations either in whole or in respect of some of the goods to which the previous regulations relate.

Nothing in paragraph (b) or paragraph (c) of subsection (2) of this section shall require any person to show on a label, or otherwise divulge, any information that would not otherwise be available to trade competitors.

This section shall not apply to any food, drug, or medical device.

Every prescribed particular required to be included in a label in accordance with this Act shall be printed or indelibly marked on the label in easily legible lettering.

Every label that includes prescribed particulars shall—

Without limiting the provisions of section 24 of this Act, the Governor-General may from time to time, by Order in Council, make regulations requiring prescribed particulars on labels to be printed or marked in lettering of such height as may be specified, and providing for such other matters as he thinks appropriate in relation to the method of displaying prescribed particulars on labels.

Where any prescribed particulars are required to be included in a label in accordance with this Act, no person shall include in the label any comment, reference, or explanation that expressly or by implication contradicts or is inconsistent with any prescribed particular.

The inclusion in a label to which subsection (1) of this section applies of any descriptive term relating to the quantity of any goods to which the label relates shall constitute a breach of that subsection unless—

No person shall include in a label any statement, word, brand, picture, or mark purporting to indicate the nature, suitability, quantity, quality, strength, composition, origin, age, or effects of any goods to which the label relates, if he knows or ought to know that the statement, word, brand, picture, or mark is false or misleading in a material respect.

This section shall not apply to any food, drug, or medical device.

No person shall package any goods or distribute any imported packaged goods if the package is of such a size, shape, or design, or has included thereon such printed, pictorial, or other matter, that it is misleading as to the nature or quantity of the goods in the package, notwithstanding that the actual quantity, or the actual nature of the goods, is also shown or indicated on the package.

Without limiting the provisions of section 24 of this Act, the Governor-General may from time to time, by Order in Council, make regulations requiring packagers of such goods or class or classes of goods as may be specified in the regulations to so fill the packages that the goods will, at such time as may be specified in the regulations, occupy such percentage of the exterior volume of the package as may be specified in the regulations. Different percentages may be specified in respect of different goods or classes of goods.

For the purposes of subsection (2) of this section, any normal air space between the component parts of goods in a package shall be deemed to be occupied by the goods.

No regulations made under subsection (2) of this section shall apply in respect of any packaged goods if—

Subsection (2) of this section shall not apply to any drug.

Where, in accordance with this Act, any packaged goods are required to bear a label showing any prescribed particular, no person shall publish or cause to be published any advertisement in which the goods are referred to, described, or depicted, if the advertisement contains any comment, reference, or explanation that expressly or by implication contradicts or is inconsistent with the prescribed particular.

Without limiting the provisions of section 24 of this Act, the Governor-General may from time to time, by Order in Council, make regulations requiring, in respect of any goods or class or classes of goods specified in the regulations, that any visual advertisement relating to the goods or class or classes of goods shall contain all or any of the particulars specified in sections 3, 4, and 5 of this Act.

Every person who publishes or causes to be published any visual advertisement to which subsection (1) or subsection (2) of this section applies and in which is included any descriptive term relating to the quantity of the goods in any package to which the advertisement relates shall be deemed to have committed a breach of the said subsection (1) or the said subsection (2), as the case may be, unless—

No person shall publish or cause to be published any advertisement that contains an express or implied representation relating to the nature, suitability, quantity, quality, strength, composition, origin, age, or effects of any goods if he knows or ought to know that the representation is false or misleading in a material respect.

No person shall publish or cause to be published any advertisement that contains a representation to the effect that any goods have been approved, endorsed, or recommended by any person whom, or organisation that, members of the public might reasonably expect to be technically qualified to give an authoritative opinion in respect of the goods, unless the person or organisation is in fact so qualified and has stated that he or it in fact approves, endorses, or recommends the goods. In any prosecution for an offence against this subsection, it shall be for the defendant to prove that the person or organisation is so qualified and has stated that he or it approves, endorses, or recommends the goods.

No person shall send or deliver to another person any invoice, or document that has the appearance of an invoice, in respect of goods that have not been ordered or requested by the person to whom the invoice or document has been sent or delivered, unless the words “no payment due unless you buy or order” appear on the face of the invoice or document in easily legible lettering of a height of not less than one-eighth of an inch.

Subsections (1) to (4) of this section shall not apply to any food, drug, or medical device; and subsection (5) of this section shall not apply to any drug or medical device.

No person shall include in a label any statement, word, brand, or mark that purports to indicate the price of any goods to which the label relates, if he knows or ought to know that the statement, word, brand, or mark is false or misleading in a material respect.

No person shall publish or cause to be published any advertisement that contains any express or implied representation relating to the price of any goods, if he knows or ought to know that the representation is false or misleading in a material respect.

No person shall, either expressly or by implication, represent in an advertisement that he has goods available for sale below the normal or usual price or price rate unless in fact he has, at the time when the goods would first be available for sale, a reasonable quantity of the goods available for sale to the public at the reduced price or price rate:

Provided that this subsection shall not apply if the advertisement states the quantity of goods available for sale and there is in fact that quantity available for sale to the public.

If any person represents in an advertisement that he has goods available for sale below the normal or usual price he shall, if the reduced price per unit of the goods is more than $30, state in the advertisement the number of units available for sale to the public at the reduced price.

No person shall publish or cause to be published any advertisement that contains an express or implied representation to the effect that a price advantage will be gained by a purchaser by virtue of the size of a package or the quantity of goods in a package, unless there is in fact a price advantage to be gained in purchasing the goods in the package in respect of which the representation is made instead of purchasing from the same source a smaller package containing the same kind of goods of like quality.

No person shall publish or cause to be published any advertisement that contains a representation to the effect that the price of any goods is at or below the cost price unless the price charged or to be charged is in fact the same as, or less than, as the case may be, the cost incurred in purchasing and obtaining delivery of the goods to the place of business from which they have been or are intended to be sold.

The Minister may from time to time refer to the Trade Practices and Prices Commission constituted under the Trade Practices Act 1958, for investigation and report to the Minister, any matter relating to this Act or to its administration.

For the purposes of making any investigation under this section, the Trade Practices and Prices Commission shall have all the powers conferred on it under the Trade Practices Act 1958 for the purposes of conducting an inquiry under that Act.

The Minister may from time to time appoint or discharge or alter or continue or reconstitute such advisory committees, consisting of one or more persons, as he thinks fit to advise him on such matters concerning the implementation of the provisions of this Act as are referred to them by the Minister.

For the purposes of this Act the Minister may conduct such investigations as he thinks fit.

For the purposes of any investigation conducted under subsection (1) of this section, any person authorised either generally or specially in writing by the Minister may require any person to produce any books or documents in his possession and allow the authorised person to inspect them and to take copies of or extracts from them.

All information obtained by an authorised person under subsection (2) of this section shall be treated as confidential except for purposes connected with the administration or implementation of the provisions of this Act; and every person who, otherwise than for such purposes, directly or indirectly divulges any such information commits an offence against this Act.

The Minister may, by notice in the Gazette, make orders exempting, under such conditions (if any) as may be specified in the notice, any person or any specified class or classes of persons, or any goods or any specified class or classes of goods, from all or any of the provisions of this Act or of any regulations or notices for the time being in force under this Act.

Any order made under subsection (1) of this section may at any time in a like manner be revoked in whole or in part or amended.

For the purposes of this Act the Minister shall, in respect of the powers conferred on him by this Act, have the same powers of delegation as are conferred on him by the Industries and Commerce Act 1956; and section 10 of that Act shall, with the necessary modifications, apply accordingly.

The Examiner may from time to time, by writing under his hand, either generally or particularly, delegate to such officer or officers of the Department of Industries and Commerce as he thinks fit all or any of the powers exercisable by him under this Act, including the power to give leave for the commencement of a prosecution under subsection (1) of section 19 of this Act, but not including this present power of delegation.

Subject to any general or special directions given or conditions attached by the Examiner, any officer to whom any powers are delegated under this section may exercise them in the same manner and with the same effect as if they had been conferred on him directly by this Act and not by delegation.

Every person purporting to act pursuant to any delegation under this section shall be presumed to be acting in accordance with the terms of the delegation in the absence of proof to the contrary.

Any delegation under this section may be made to a specified officer or to officers of a specified class, or may be made to the holder or holders for the time being of a specified office or class of office.

Every delegation under this section shall be revocable at will, and no such delegation shall prevent the exercise of any power by the Examiner.

Every such delegation shall, until it is revoked, continue in force according to its tenor, notwithstanding the fact that the Examiner by whom it was made may have ceased to hold office, and shall continue to have effect as if made by the successor in office of that Examiner.

Every person commits an offence against this Act and is liable on summary conviction to a fine not exceeding $200 who—

Every person commits an offence against this Act who acts in contravention of or fails to comply in any respect with any provision of this Act or of any regulations or notices for the time being in force under this Act.

Every person who commits an offence against this Act for which no penalty is provided elsewhere than in this section shall be liable on summary conviction to a fine not exceeding $200 or, if the offence is knowingly committed, to a fine not exceeding $500, and, if the offence is a continuing one, to a further fine not exceeding $10 for every day or part of a day during which the offence has continued.

If any body corporate is convicted of an offence against this Act, every director and every officer concerned in the management of the body corporate shall be guilty of the offence if it is proved that the act or omission that constituted the offence took place with his authority, permission, or consent.

For the purposes of this section, the continued existence of anything in a state contrary to any provision of this Act or of any regulations or notices for the time being in force under this Act shall be deemed to be a continuing offence.

In any prosecution for an offence against this Act relating to a package or label, it shall be a defence if the defendant proves that the particular goods concerned were packaged or labelled before the date of commencement of this Act, or of the regulations or notice alleged to have been contravened, as the case may require.

No prosecution for an offence against this Act relating to a package, label, or advertisement shall be commenced except with the leave of the Examiner given in accordance with this section.

Subject to section 20 of this Act, before the Examiner gives leave under subsection (1) of this section for the prosecution of any person, a notice in writing shall be served on that person—

If any such person serves a written reply in accordance with paragraph (b) of subsection (2) of this section in which he both admits that if the offence alleged was committed he is a proper defendant and states that he is prepared to confer with the Examiner, the Examiner shall, unless he is then satisfied that it is not a proper case for a prosecution, serve on that person a notice in writing inviting him, within a period to be specified in the notice (being a period of not less than 14 days after the service of the notice on him), to confer with the Examiner for the purpose of discussing the views set out in the reply and, if appropriate, entering into an agreement whereby the consequences of the offence, if any, will be mitigated as far as practicable and the repetition of the facts alleged to constitute an offence will be avoided.

If any agreement entered into pursuant to subsection (3) of this section relates to an alleged offence relating to a package or label and includes a condition requiring goods to be withdrawn from sale, the Examiner shall cause particulars of the agreement, of the goods, and of the facts alleged to constitute an offence to be published in the Gazette; and thereupon that condition shall have the effect of an order under subsection (1) of section 22 of this Act and subsections (2) and (3) of that section shall apply accordingly with all necessary modifications.

The Examiner may give leave under subsection (1) of this section if—

In any proceedings involving a prosecution for an offence to which subsection (1) of this section applies, no question shall be raised as to whether any condition set out in section 20 of this Act or in subsections (2) to (5) of this section has been satisfied, or as to whether any requirement set out in that section or those subsections has been complied with; and no reference shall be made to the fact that any negotiations have or have not taken place, or to the nature and content of any such negotiations, or to any admission made for the purposes of any such negotiations, or to any refusal or failure to confer with the Examiner, or to the application of any other provision of subsections (2) to (5) of this section.

Any notice under this section may be served on any person, other than the Examiner, by delivering it personally to the person on whom it is to be served; or by leaving it, or sending it by post in a registered letter addressed to him, at his usual or last known place of abode or business in New Zealand.

Any notice under this section may be served on the Examiner by delivering it personally to the Examiner; or by leaving it, or sending it by post in a registered letter addressed to him, at his office.

If a notice is sent by post in the manner prescribed by subsection (7) or subsection (8) of this section, it shall be deemed to be served at the time at which the letter would have been delivered in the ordinary course of post; and in proving service of any such notice it shall be sufficient to prove that it was properly directed, and that it was duly put into the post office as a registered letter.

The Minister may authorise the Examiner to give leave under subsection (1) of section 19 of this Act without complying with subsections (2) and (3) of that section, if the Minister considers that an immediate prosecution is justified or necessary.

Notwithstanding anything to the contrary in this Act or in any other Act, the Minister shall not delegate the power conferred on him by subsection (1) of this section.

In any prosecution for an offence relating to the publication of an advertisement, it shall be a defence if the defendant proves that—

If any person is convicted under this Act of an offence relating to a package or a label, the Court may in its discretion, if it is satisfied that the continued sale of the goods would adversely affect the interests of consumers to a serious degree, order the withdrawal from sale of all goods in packages, or bearing labels, as the case may be, that are materially the same as the package or label in respect of which the offence was committed.

If the Court makes an order under subsection (1) of this section the Examiner shall cause particulars of the order and of the offence in relation to which the order was made to be published in the Gazette; and thereupon every distributor, trader, or retailer who has in his possession any of the goods in relation to which the offence was committed shall withdraw them from sale and may—

Every distributor, trader, or retailer who takes action in accordance with paragraph (a) or paragraph (b) of subsection (2) of this section may recover all the costs and expenses incurred by him in so acting (including, if action is taken under the said paragraph (a), the purchase price of the goods) from the person who supplied the goods as a debt due by that person to the distributor, trader, or retailer.

If any person is convicted of an offence against this Act relating to a package or label, the Minister may cause particulars of the offence and a description of the goods in relation to which the offence was committed to be published in the Gazette; and in any such case no person shall, after the date of publication in the Gazette, sell any goods in packages, or bearing labels, as the case may be, that are materially the same as the package or label in respect of which the offence was committed, unless the matter in relation to which the offence was committed has been remedied.

Notwithstanding anything to the contrary in this Act or in any other Act, the Minister shall not delegate the power conferred on him by subsection (4) of this section.

Notwithstanding anything in section 14 of the Summary Proceedings Act 1957, any information in respect of an offence against this Act may be laid at any time within 2 years after the time when the matter of the information arose.

The Governor-General may from time to time, by Order in Council, make regulations providing for such matters as are contemplated by or necessary for giving full effect to this Act and for its due administration.

Nothing in this Act shall limit or affect the provisions of any other enactment that makes specific provision in respect of any matter included in the provisions of this Act; and, where inconsistency or conflict appears between any such enactment and this Act or any regulations or notices for the time being in force under this Act, the provisions of such enactment shall prevail.

Nothing in this Act shall apply in respect of—