Fair Trading Act 1986

• Jurisdiction: New Zealand
• Coming into Force: 10 July 2023
• Reference: 1986 No 121
• Citation: 1986 No 121
• Year: 1986
• Record Number: DLM96438
• Act Number: 121
• Type of Document: Act

Contenidos

• Fair Trading Act 1986
• Preamble
• Contents
• 1 Short Title and commencement
• 1A Purpose
• 2 Interpretation
• 2A Transitional, savings, and related provisions
• 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
• 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
• 8 Annual report
• Part 1
• 7 Unconscionable conduct
• 8 Court may have regard to certain matters
• 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
• 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
• 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
• 17 Offering gifts and prizes
• 18 Trading stamp schemes prohibited
• 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
• 26A Unfair contract terms in standard form consumer contracts
• 26B Unfair contract terms in standard form trade contracts
• 26C Definition of specified trade contract
• 26D Specified trade contracts: trading relationship, annual value threshold, and other definitions
• 26E Regulations relating to definition of specified trade contract
• Part 2
• 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
• 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
• 33A Appointment of product safety officers
• 33B Certificates of appointment
• 33C Powers of product safety officers
• 33D Suspension of supply notices
• Part 4
• 34 Meaning of services
• 35 Safety standards in respect of services
• 36 Compliance with services safety standards
• Part 4A
• 36A Purpose of Part
• Part 1
• 36B Meaning of layby sale agreement
• 36C Disclosure requirements relating to layby sale agreement