Fair Trading Act 1986

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Version as at 28 October 2021

Fair Trading Act 1986

Public Act		1986 No 121
Date of assent		17 December 1986
Commencement		see section 1(2)

Note

The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.

Note 4 at the end of this version provides a list of the amendments included in it.

This Act is administered by the Ministry of Business, Innovation, and Employment.

	Title [Repealed]
1	Short Title and commencement
1A	Purpose
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5A	No liability under Act if not liable under Securities Act 1978 or Securities Markets Act 1988 [Repealed]
5B	Act does not apply to certain conduct regulated by Takeovers Code
5C	No contracting out: general rule
5D	No contracting out: exception for parties in trade
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7	Money to be appropriated by Parliament for purposes of this Act [Repealed]
8	Annual report [Repealed]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 Unfair conduct
	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
	Unsubstantiated representations
12A	Unsubstantiated representations
12B	Court must have regard to certain matters
12C	Limitation on commencement of proceedings in relation to unsubstantiated representations
12D	Section 12A subject to other enactments
	False representations
13	False or misleading representations
14	False representations and other misleading conduct in relation to land
14A	When vendor bids are misrepresentations
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18	Trading stamp schemes prohibited [Repealed]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
21A	Liability of recipient of unsolicited goods
21B	Liability of recipient of unsolicited services
21C	Prohibition on asserting right to payment in respect of unsolicited goods or unsolicited services
21D	Regulations
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
	Unfair contract terms
26A	Unfair contract terms in standard form consumer contracts
	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
28B	Disclosure of trader status on Internet
	Part 3 Product safety
29	Product safety standards
30	Compliance with product safety standards
30A	Product safety policy statements
30B	Review of product safety policy statements
31	Unsafe goods
31A	Voluntary product recall
32	Compulsory product recall
33	Importation of certain goods prohibited
	Product safety officers
33A	Appointment of product safety officers
33B	Certificates of appointment
33C	Powers of product safety officers
33D	Suspension of supply notices
	Part 4 Safety of services
34	Meaning of services
35	Safety standards in respect of services
36	Compliance with services safety standards
	Part 4A Consumer transactions and auctions
36A	Purpose of Part
	Subpart 1—Layby sales
36B	Meaning of layby sale agreement
36C	Disclosure requirements relating to layby sale agreement
36D	Further disclosure if requested by consumer
36E	Risk in goods
36F	Cancellation of layby sale agreement by consumer
36G	Cancellation of layby sale agreement by supplier
36H	Effect of cancellation of layby sale agreement
36I	Bankruptcy, receivership, liquidation, or voluntary administration of supplier: completion of layby sale agreement
36J	Bankruptcy, receivership, or liquidation of supplier: consumer priority
	Subpart 2—Uninvited direct sales
36K	Meaning of uninvited direct sale agreement
36L	Disclosure requirements relating to uninvited direct sale agreements
36M	Cancellation of uninvited direct sale agreement by consumer
36N	Enforcement of uninvited direct sale agreement by supplier
36O	Effect of cancellation of uninvited direct sale agreement
36P	Supplier’s obligations on cancellation of uninvited direct sale agreement
36Q	Consumer’s obligations on cancellation of uninvited direct sale agreement
36R	Compensation on cancellation of uninvited direct sale agreement
36S	Regulations
	Subpart 3—Extended warranties
36T	Meaning of extended warranty agreement and related definitions
36U	Disclosure requirements relating to extended warranty agreements
36V	Cancellation of extended warranty agreement
36W	Regulations
	Subpart 4—Auctions
36X	Definitions
36Y	Application of subpart
36Z	Each lot is separate contract of sale
36ZA	Start and end of auction
36ZB	Notice to participants
36ZC	Vendors selling in trade
36ZD	Vendor bids
36ZE	Bids may be withdrawn until end of auction
36ZF	Account and payment of proceeds
	Part 5 Enforcement and remedies
	Jurisdiction of courts
37	Jurisdiction of High Court
38	Jurisdiction of District Court
39	Jurisdiction of Disputes Tribunal
	Offences
40	Contraventions of provisions of Parts 1 to 4A an offence
40A	Additional penalty for contravention of section 24 involving commercial gain
40B	Infringement offence, etc, defined
40C	Infringement offence alleged
40D	Issue of infringement notice
40E	Procedural requirements for infringement notices
40F	What Commission does with infringement fees
40G	Effect of infringement notice
40H	Regulations relating to infringement offences
	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
43A	Application for order under section 43
43B	Limits on jurisdiction of District Court and Disputes Tribunal to make orders under section 43
44	Defences
45	Conduct by servants or agents
46	Finding in proceedings to be evidence
	Enforceable undertakings
46A	Commission may accept undertakings
46AA	Matters included in undertakings
46B	Enforcement of undertakings
	Management banning orders
46C	Management banning orders
46D	Terms of management banning orders
46E	Offence to breach management banning order
46F	Procedures relating to management banning order
46G	Seeking leave of court
	Declaration of unfair contract terms
46H	Application by Commission for declaration of unfair contract term
46I	Declaration of unfair contract terms
46J	Standard form contracts
46K	Terms that may not be declared to be unfair contract terms
46L	When term in consumer contract is unfair
46M	Examples of unfair contract terms
	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 to resist, obstruct, or delay
47G	Commission may require person to supply information or documents or give evidence
47H	Notices
47I	Service of notices
47J	Offence to contravene section 47G
47K	Commission may authorise employees for monitoring and enforcement purposes
47L	Powers of authorised employees
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
48P	Proceedings relating to financial products or financial services
48Q	No pecuniary penalty and fine for same conduct involving financial products or financial services
48R	Unsubstantiated representations prohibition does not apply to financial markets disclosure
48S	Certain conduct under Financial Markets Conduct Act 2013 does not contravene various provisions of this Act
48T	Powers of Commission to prohibit disclosure of information, documents, and evidence
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
	Financial Markets (Repeals and Amendments) Act 2013
	Notes

Title [Repealed]

Title: repealed, on 18 December 2013, by section 4 of the Fair Trading Amendment Act 2013 (2013 No 143).

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