Reprint as at 1 May 2011
Fair Trading Act 1986 | ||
---|---|---|
Public Act 1986 No 121 | ||
Date of assent 17 December 1986 | ||
Commencement see section 1(2) | ||
Contents | ||
Page | ||
Title | 4 | |
1 | Short Title and commencement | 4 |
2 | Interpretation | 4 |
3 | Application of Act to conduct outside New Zealand | 8 |
4 | Application of Act to the Crown | 9 |
5 | Application of Act to Crown corporations | 9 |
5A | No liability under Act if not liable under Securities Act | 9 |
1978 or Securities Markets Act 1988 | ||
5B | Act does not apply to certain conduct regulated by | 10 |
Takeovers Code | ||
6 | Functions of Commission in relation to dissemination of | 10 |
information | ||
7 | Money to be appropriated by Parliament for purposes of | 10 |
this Act[Repealed] | ||
8 | Annual report[Repealed] | 11 |
Note
Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.
Ageneraloutlineofthesechangesissetoutinthenotesattheendofthisreprint,togetherwith other explanatory material about this reprint.
Part 1 Misleading and deceptive conduct, false representations, and unfair practices
Misleading and deceptive conduct
9 Misleading and deceptive conduct generally 11 10 Misleading conduct in relation to goods 11 11 Misleading conduct in relation to services 11 12 Misleading conduct in relation to employment 11
13 False or misleading representations 12 14 False representations and other misleading conduct in 13 relation to land 15 Limited application of sections 9 to 14 to news media 14 16 Certain conduct in relation to trade marks prohibited 15
17 Offering gifts and prizes 16 18 Trading stamp schemes prohibited[Repealed] 17 19 Bait advertising 17 20 Referral selling 18 21 Demanding or accepting payment without intending to 18 supply as ordered 22 Misleading representations about certain business 19 activities 23 Harassment and coercion 19 24 Pyramid selling schemes 19 25 Provisions of this Part not limited by reference to other 20 provisions of this Part 26 Importation of goods bearing false trade description 21
27 Consumer information standards 21 28 Compliance with consumer information standards 23
29 Product safety standards 24 30 Compliance with product safety standards 25 31 Unsafe goods 26 32 Compulsory product recall 26 33 Importation of certain goods prohibited 27
34 Meaning of services 28 35 Safety standards in respect of services 28 36 Compliance with services safety standards 29
Part 5 Enforcement and remedies
37 Jurisdiction of High Court 29 38 Jurisdiction of District Courts 30 39 Jurisdiction of Disputes Tribunals 30
40 Contraventions of provisions of Part 1, Part 2, Part 3, and 30 Part 4 an offence 40A Additional penalty for contravention of section 24 31 involving commercial gain
41 Injunctions may be granted by court for contravention of 32 Part 1, Part 2, Part 3, and Part 4 42 Order to disclose information or publish advertisement 33 43 Other orders 34 44 Defences 38 45 Conduct by servants or agents 40 46 Finding in proceedings to be evidence 41
Part 6 Miscellaneous provisions
47 Power to search 41 47A Powers conferred by warrant 42 47B Warrant to be produced 43 47C Other duties of person who executes a warrant 43 47D Duty to assist 44 47E Power to inspect documents and goods 45 47F Offence 45 47G Commission may require person to supply information 45 or documents 47H Notices 46 47I Service of notices 46 47J Offence to contravene section 47G 47 48 Proceedings privileged 48 An Act to prohibit certain conduct and practices in trade, to provide for the disclosure of consumer information relating to the supply of goods and services and to promote product safety and also to repeal the Consumer Information Act 1969 and certain other enactments
(1) In this Act, unless the context otherwise requires,— acquire,— advertisementmeansanyformofcommunicationmadetothe public or a section of the public for the purpose of promoting
the supply of goods or services or the sale or granting of an interest in land business means any undertaking— whether free of charge or not Commission means the Commerce Commission established by section 8 of the Commerce This Act is administered by the Ministry of Consumer Affairs.
1 Short Title and commencement
2 Interpretation