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Fair Trading Act 1986 (Reprint as at 1 April 2014)

Reprint as at 1 April 2014

Fair Trading Act 1986

Public Act 1986 No 121 Date of assent 17 December 1986

Commencement see section 1(2)

Contents Page

Title [Repealed] 5 1 Short Title and commencement 5 1A Purpose 5 2 Interpretation 6 3 Application of Act to conduct outside New Zealand 11 4 Application of Act to the Crown 11 5 Application of Act to Crown corporations 12 5A No liability under Act if not liable under Securities Act

1978 or Securities Markets Act 1988 [Repealed] 12

5B Act does not apply to certain conduct regulated by Takeovers Code

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7 Money to be appropriated by Parliament for purposes of this Act [Repealed]

8 Annual report [Repealed] 13

Note Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint. Note 4 at the end of this reprint provides a list of the amendments incorporated. This Act is administered by the Ministry of Consumer Affairs.

Fair Trading Act 1986 Reprinted as at 1 April 2014

Part 1 Unfair conduct

Misleading and deceptive conduct 9 Misleading and deceptive conduct generally 13 10 Misleading conduct in relation to goods 13 11 Misleading conduct in relation to services 14 12 Misleading conduct in relation to employment 14

False representations 13 False or misleading representations 14 14 False representations and other misleading conduct in

relation to land 15

14A When vendor bids are misrepresentations 16 15 Limited application of sections 9 to 14 to news media 17 16 Certain conduct in relation to trade marks prohibited 18

Unfair practices 17 Offering gifts and prizes 20 18 Trading stamp schemes prohibited [Repealed] 20 19 Bait advertising 20 20 Referral selling 21 21 Demanding or accepting payment without intending to

supply as ordered 21

22 Misleading representations about certain business activities

23 Harassment and coercion 22 24 Pyramid selling schemes 22 25 Provisions of this Part not limited by reference to other

provisions of this Part 23

26 Importation of goods bearing false trade description 24

Part 2 Consumer information

27 Consumer information standards 24 28 Compliance with consumer information standards 26 28A Regulations relating to disclosure by fund-raisers making

requests for charitable purposes 27

Part 3 Product safety

29 Product safety standards 29 30 Compliance with product safety standards 30 30A Product safety policy statements 31 30B Review of product safety policy statements 32

Reprinted as at 1 April 2014 Fair Trading Act 1986

31 Unsafe goods 32 31A Voluntary product recall 34 32 Compulsory product recall 36 33 Importation of certain goods prohibited 37

Product safety officers 33A Appointment of product safety officers 38 33B Certificates of appointment 38 33C Powers of product safety officers 39 33D Suspension of supply notices 40

Part 4 Safety of services

34 Meaning of services 42 35 Safety standards in respect of services 42 36 Compliance with services safety standards 43

Part 5 Enforcement and remedies

Jurisdiction of courts 37 Jurisdiction of High Court 43 38 Jurisdiction of District Courts 44 39 Jurisdiction of Disputes Tribunals 45

Offences 40 Contraventions of provisions of Part 1, Part 2, Part 3, and

Part 4 an offence 45

40A Additional penalty for contravention of section 24 involving commercial gain

Civil proceedings 41 Injunctions may be granted by court for contravention of

Part 1, Part 2, Part 3, and Part 4 47

42 Order to disclose information or publish advertisement 48 43 Other orders 49 43A Application for order under section 43 51 43B Limits on jurisdiction of District Court and Disputes

Tribunal to make orders under section 43 51

44 Defences 52 45 Conduct by servants or agents 54 46 Finding in proceedings to be evidence 55

Enforceable undertakings 46A Commission may accept undertakings 56

Fair Trading Act 1986 Reprinted as at 1 April 2014

46B Enforcement of undertakings 56

Management banning orders 46C Management banning orders 57 46D Terms of management banning orders 58 46E Offence to breach management banning order 58 46F Procedures relating to management banning order 58 46G Seeking leave of court 58

Part 6 Miscellaneous provisions

47 Power to search 59 47A Powers conferred by warrant [Repealed] 60 47B Warrant to be produced [Repealed] 60 47C Other duties of person who executes a warrant [Repealed] 60 47D Duty to assist [Repealed] 60 47E Power to inspect documents and goods [Repealed] 61 47F Offence to resist, obstruct, or delay 61 47G Commission may require person to supply information or

documents or give evidence 61

47H Notices 62 47I Service of notices 63 47J Offence to contravene section 47G 64 47K Commission may authorise employees for monitoring and

enforcement purposes 64

47L Powers of authorised employees 65 48 Proceedings privileged 67 48A Sharing of information and documents with Financial

Markets Authority or Takeovers Panel 68

48B Purpose of sections 48C to 48O (which relate to assistance to overseas regulators)

48C Definitions of terms used in sections 48B to 48O 69 48D Restrictions on providing compulsorily acquired

information and investigative assistance 70

48E Government-to-government co-operation arrangements 70 48F Regulator-to-regulator co-operation arrangements 71 48G Content of co-operation arrangements 71 48H Procedures relating to co-operation arrangements 72 48I Providing compulsorily acquired information and

investigative assistance 72

48J Conditions on providing compulsorily acquired information and investigative assistance

48K Notice to persons affected by provision of information 74

Reprinted as at 1 April 2014 Fair Trading Act 1986 s 1A

48L Reporting on use of co-operation arrangements 75 48M Sharing of non-compulsorily acquired information not

affected 75

48N Information provided by consent 76 48O Maintenance of privilege 76 48P Proceedings relating to financial products or financial

services 77

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

49 Repeals and consequential amendments 79 50 Saving of other laws 79 51 Application of Act to goods that are, or may be, exported

to China 79

Schedule 1 80 Enactment amended

[Repealed]

Schedule 2 81 Enactments repealed

Schedule 3 82 Orders and notices revoked

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

1 Short Title and commencement (1) This Act may be cited as the Fair Trading Act 1986. (2) Except as provided in section 49(3), this Act shall come into

force on 1 March 1987.

1A Purpose (1) The purpose of this Act is to contribute to a trading environ-

ment in which— (a) the interests of consumers are protected; and

s 2 Fair Trading Act 1986 Reprinted as at 1 April 2014

(b) businesses compete effectively; and (c) consumers and businesses participate confidently.

(2) To this end, the Act— (a) prohibits certain unfair conduct and practices in relation

to trade; and (b) promotes fair conduct and practices in relation to trade;

and (c) provides for the disclosure of consumer information re-

lating to the supply of goods and services; and (d) promotes safety in respect of goods and services. Section 1A: inserted, on 18 December 2013, by section 5 of the Fair Trading Amendment Act 2013 (2013 No 143).

2 Interpretation (1) In this Act, unless the context otherwise requires,—

acquire,— (a) in relation to goods, includes obtain by way of gift, pur-

chase, or exchange; and also includes take on lease, hire, or hire purchase:

(b) in relation to services, includes accept: (c) in relation to interests in land, includes obtain by way

of gift, purchase, exchange, lease or licence and acqui- sition has a corresponding meaning

advertisementmeans any form of communicationmade to the 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— (a) that is carried on whether for gain or reward or not; or (b) in the course of which—

(i) goods or services are acquired or supplied; or (ii) any interest in land is acquired or disposed of— whether free of charge or not

chief executive means the chief executive of the Ministry Commission means the Commerce Commission established by section 8 of the Commerce Act 1986

Reprinted as at 1 April 2014 Fair Trading Act 1986 s 2

consumer means a person who— (a) acquires from a supplier goods or services of a kind or-

dinarily acquired for personal, domestic, or household use or consumption; and

(b) does not acquire the goods or services, or hold himself or herself out as acquiring the goods or services, for the purpose of— (i) resupplying them in trade; or (ii) consuming them in the course of a process of

production or manufacture; or (iii) in the case of goods, repairing or treating, in

trade, other goods or fixtures on land credit instrument means any agreement (whether in writing or not) acknowledging an obligation to pay a sum or sums of money on demand or at any future time or times document means a document in any form whether signed or initialled or otherwise authenticated by its maker or not; and includes— (a) any writing on any material: (b) any information recorded or stored bymeans of any tape

recorder, computer, or other device; and any material subsequently derived from information so recorded or stored:

(c) any label, marking, or other writing that identifies or describes any thing of which it forms part, or to which it is attached by any means:

(d) any book, map, plan, graph, or drawing: (e) any photograph, film, negative, tape, or other device

in which 1 or more visual images are embodied so as to be capable (with or without the aid of some other equipment) of being reproduced

extended warranty agreement has the meaning given in sec- tion 36T goods— (a) means personal property of every kind (whether tan-

gible or intangible); and (b) includes—

(i) ships, aircraft, and vehicles: (ii) animals, including fish:

s 2 Fair Trading Act 1986 Reprinted as at 1 April 2014

(iii) minerals, trees, and crops, whether on, under, or attached to land or not:

(iv) gas and electricity: (v) to avoid doubt, water and computer software

infringement fee, infringement notice, and infringement of- fence have the meanings given in section 40B layby sale agreement has the meaning given in section 36B local authority includes every local authority and every pub- lic body or other authority created by or pursuant to any public Act or local Act Minister means the Minister of Consumer Affairs Ministry means the department of State that, with the author- ity of the Prime Minister, is for the time being responsible for the administration of this Act negotiation, in relation to an agreement or a proposed agree- ment, includes any discussion or dealing directed towards making the agreement or proposed agreement (whether or not the terms of the agreement or proposed agreement are open to any discussion or dealing) official standard means— (a) a New Zealand Standard within the meaning of section

2 of the Standards Act 1988; or (b) a standard specification prescribed by a body, organisa-

tion, or association having or performing similar func- tions to those of the Standards Council within the mean- ing of section 2 of the Standards Act 1988

person includes a local authority, and any association of per- sons whether incorporated or not place includes any premises, building, aircraft, ship, carriage, vehicle, box, or receptacle price includes valuable consideration in any form, whether di- rect or indirect; and includes any consideration that in effect relates to the acquisition or supply of goods or services or the acquisition or disposition of any interest in land, although os- tensibly relating to any other matter or thing services includes any rights (including rights in relation to, and interests in, real or personal property), benefits, privileges, or facilities that are or are to be provided, granted, or conferred

Reprinted as at 1 April 2014 Fair Trading Act 1986 s 2

and, without limiting the generality of the foregoing, also in- cludes the rights, benefits, privileges, or facilities that are or are to be provided, granted, or conferred under any of the fol- lowing classes of contract: (a) a contract for, or in relation to,—

(i) the performance of work (including work of a professional nature), whether with or without the supply of goods; or

(ii) the provision of, or the use or enjoyment of facil- ities for, accommodation, amusement, the care of persons or animals or things, entertainment, in- struction, parking, or recreation; or

(iii) the conferring of rights, benefits, or privileges for which remuneration is payable in the form of a royalty, tribute, levy, or similar exaction:

(iv) to avoid doubt, the supply of electricity, gas, telecommunications, or water, or the removal of waste water:

(b) a contract of insurance, including life assurance, and life reassurance:

or granting of credit, or the making of arrangements for the lending of money or granting of credit, or the buying or discounting of a credit instrument, or the acceptance of deposits;—

but does not include rights or benefits in the form of the sup- ply of goods or the performance of work under a contract of service supply— (a) in relation to goods, includes supply (or resupply) by

way of gift, sale, exchange, lease, hire, or hire purchase; and

(b) in relation to services, includes provide, grant, or con- fer;—

and supply as a noun, supplied, and supplier have corres- ponding meanings trade means any trade, business, industry, profession, occu- pation, activity of commerce, or undertaking relating to the

s 2 Fair Trading Act 1986 Reprinted as at 1 April 2014

supply or acquisition of goods or services or to the disposition or acquisition of any interest in land.

(2) In this Act, a reference to engaging in conduct shall be read as a reference to doing or refusing to do an act, and includes,— (a) omitting to do an act; or (b) making it known that an act will or, as the case may be,

will not be done. (3) In this Act—

(a) a reference to the acquisition of goods includes a refer- ence to the acquisition of property in, or rights in rela- tion to, goods, in pursuance of a supply of the goods:

(b) a reference to the supply or acquisition of goods or ser- vices includes a reference to agreeing to supply or ac- quire goods or services:

(c) a reference to the supply or acquisition of goods in- cludes a reference to the supply or acquisition of goods together with other property or services or both:

(d) a reference to the supply or acquisition of services in- cludes a reference to the supply or acquisition of ser- vices together with property or other services or both:

(e) a reference to the resupply of goods acquired from a person includes a reference to— (i) a supply of goods to another person in an altered

form or condition; and (ii) a supply to another person of other goods in

which the goods have been incorporated. Section 2(1) chief executive: inserted, on 18 December 2013, by section 6(2) of the Fair Trading Amendment Act 2013 (2013 No 143). Section 2(1)Commission: amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115). Section 2(1) consumer: inserted, on 18 December 2013, by section 6(2) of the Fair Trading Amendment Act 2013 (2013 No 143). Section 2(1) court: repealed, on 18 December 2013, by section 6(1) of the Fair Trading Amendment Act 2013 (2013 No 143). Section 2(1) extended warranty agreement: inserted, on 18 December 2013, by section 6(2) of the Fair Trading Amendment Act 2013 (2013 No 143). Section 2(1) goods: substituted, on 8 July 2003, by section 3(1) of the Fair Trading Amendment Act (No 2) 2003 (2003 No 34). Section 2(1) infringement fee, infringement notice, and infringement offence: inserted, on 18 December 2013, by section 6(2) of the Fair Trading Amendment Act 2013 (2013 No 143).

Reprinted as at 1 April 2014 Fair Trading Act 1986 s 4

Section 2(1) layby sale agreement: inserted, on 18 December 2013, by section 6(2) of the Fair Trading Amendment Act 2013 (2013 No 143). Section 2(1)Ministry: inserted, on 18 December 2013, by section 6(2) of the Fair Trading Amendment Act 2013 (2013 No 143). Section 2(1) negotiation: inserted, on 18 December 2013, by section 6(2) of the Fair Trading Amendment Act 2013 (2013 No 143). Section 2(1) officer of the Commission: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115). Section 2(1) official standard: inserted, on 28 July 1997, by section 2 of the Fair Trading Amendment Act 1997 (1997 No 43). Section 2(1) place: inserted, on 1 July 1990, by section 2 of the Fair Trading Amendment Act 1990 (1990 No 42). Section 2(1) services paragraph (a)(iv): added, on 8 July 2003, by section 3(2) of the Fair Trading Amendment Act (No 2) 2003 (2003 No 34).

3 Application of Act to conduct outside New Zealand (1) This Act extends to the engaging in conduct outside New

Zealand by any person resident or carrying on business in New Zealand to the extent that such conduct relates to the supply of goods or services, or the granting of interests in land, within New Zealand.

(2) See section 51 for the application of this Act in relation to an international trade instrument. Section 3(2): added, on 1 October 2008, by section 5 of the Fair Trading Amendment Act 2008 (2008 No 52).

4 Application of Act to the Crown (1) Subject to this section, this Act shall bind the Crown in so far

as the Crown engages in trade. (2) The Crown shall not be liable to be prosecuted for an offence

against this Act but in any case where it is alleged that the Crown has contravened any provision of this Act and that contravention constitutes an offence, the Commission or the person directly affected by the contravention may apply to the High Court for a declaration that the Crown has contravened that provision; and, if the High Court is satisfied beyond a rea- sonable doubt that the Crown has contravened that provision, it may make a declaration accordingly. Compare: 1975 No 113 s 20B; 1979 No 140 s 12; Trade Practices Act 1974 s 2A (Aust)

s 5 Fair Trading Act 1986 Reprinted as at 1 April 2014

Section 4(2): amended, on 18 December 2013, by section 7 of the Fair Trading Amendment Act 2013 (2013 No 143).

5 Application of Act to Crown corporations (1) This Act applies to every body corporate that is an instrument

of the Crown in respect of the Government of New Zealand engaged in trade.

(2) Notwithstanding any enactment or rule of law, proceedings under Part 5 may be brought against a body corporate referred to in subsection (1). Compare: 1975 No 113 s 20A; 1979 No 140 s 11

5A No liability under Act if not liable under Securities Act 1978 or Securities Markets Act 1988 [Repealed] Section 5A: repealed, on 1 April 2014, by section 7 of the Financial Markets (Repeals and Amendments) Act 2013 (2013 No 70).

5B Act does not apply to certain conduct regulated by Takeovers Code Nothing in this Act applies to conduct in relation to any trans- action or event regulated by the Takeovers Code that is in force under the Takeovers Act 1993 or incidental or preliminary to a transaction or event that is or is likely to be regulated by that code. Section 5B: inserted, on 29 February 2008, by section 4 of the Fair Trading Amendment Act 2006 (2006 No 49).

6 Functions of Commission in relation to dissemination of information In addition to the functions conferred on the Commission by this Act, the Commission shall— (a) make available or co-operate in making available—

(i) for the guidance of persons engaged in trade, and other interested persons, general information with respect to their rights and obligations under this Act; and

(ii) for the guidance of consumers, general informa- tion with respect to the rights and obligations of

Reprinted as at 1 April 2014 Fair Trading Act 1986 Part 1 s 10

persons under this Act affecting the interests of consumers; and

(b) undertake studies and publish reports and information regarding matters affecting the interests of consumers; and

(c) co-operate with and assist any association or body of persons in developing and promoting the observance of standards of conduct for the purpose of ensuring com- pliance with the provisions of this Act.

Compare: Trade Practices Act 1974 s 28(1)(a), (d), (e) (Aust)

7 Money to be appropriated by Parliament for purposes of this Act [Repealed] Section 7: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

8 Annual report [Repealed] Section 8: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Part 1 Unfair conduct

Part 1 heading: replaced, on 18 December 2013, by section 9 of the Fair Trading Amendment Act 2013 (2013 No 143).

Misleading and deceptive conduct 9 Misleading and deceptive conduct generally

No person shall, in trade, engage in conduct that is misleading or deceptive or is likely to mislead or deceive. Compare: Trade Practices Act 1974 s 52 (Aust)

10 Misleading conduct in relation to goods No person shall, in trade, engage in conduct that is liable to mislead the public as to the nature, manufacturing process, characteristics, suitability for a purpose, or quantity of goods. Compare: Trade Practices Act 1974 s 55 (Aust)

Part 1 s 11 Fair Trading Act 1986 Reprinted as at 1 April 2014

11 Misleading conduct in relation to services No person shall, in trade, engage in conduct that is liable to mislead the public as to the nature, characteristics, suitability for a purpose, or quantity of services. Compare: Trade Practices Act 1974 s 55A (Aust)

12 Misleading conduct in relation to employment No person shall, in relation to employment that is, or is to be, or may be offered by that person or any other person, engage in conduct that is misleading or deceptive, or is likely to mislead or deceive, as to the availability, nature, terms or conditions, or any other matter relating to that employment. Compare: Trade Practices Act 1974 s 53B (Aust)

False representations 13 False or misleading representations

No person shall, in trade, in connection with the supply or possible supply of goods or services or with the promotion by any means of the supply or use of goods or services,— (a) make a false or misleading representation that goods are

of a particular kind, standard, quality, grade, quantity, composition, style, or model, or have had a particular history or particular previous use; or

(b) make a false or misleading representation that services are of a particular kind, standard, quality, or quantity, or that they are supplied by any particular person or by any person of a particular trade, qualification, or skill; or

(d) make a false or misleading representation that goods are new, or that they are reconditioned, or that they were manufactured, produced, processed, or reconditioned at a particular time; or

(e) make a false or misleading representation that goods or services have any sponsorship, approval, endorsement, performance characteristics, accessories, uses, or bene- fits; or

Reprinted as at 1 April 2014 Fair Trading Act 1986 Part 1 s 14

(f) make a false or misleading representation that a person has any sponsorship, approval, endorsement, or affilia- tion; or

(g) make a false or misleading representation with respect to the price of any goods or services; or

(h) make a false or misleading representation concerning the need for any goods or services; or

(i) make a false or misleading representation concerning the existence, exclusion, or effect of any condition, war- ranty, guarantee, right, or remedy; or

(j) make a false or misleading representation concerning the place of origin of goods.

Compare: Trade Practices Act 1974 s 53 (Aust) Section 13 heading: amended, on 15 November 2000, by section 3(b) of the Fair Trading Amendment Act 2000 (2000 No 64). Section 13(a): amended, on 15 November 2000, by section 3(a) of the Fair Trading Amendment Act 2000 (2000 No 64). Section 13(b): amended, on 15 November 2000, by section 3(a) of the Fair Trading Amendment Act 2000 (2000 No 64). Section 13(c): amended, on 15 November 2000, by section 3(a) of the Fair Trading Amendment Act 2000 (2000 No 64). Section 13(d): amended, on 15 November 2000, by section 3(a) of the Fair Trading Amendment Act 2000 (2000 No 64). Section 13(e): amended, on 15 November 2000, by section 3(a) of the Fair Trading Amendment Act 2000 (2000 No 64). Section 13(f): amended, on 15 November 2000, by section 3(a) of the Fair Trading Amendment Act 2000 (2000 No 64).

14 False representations and other misleading conduct in relation to land

(1) No person shall, in trade, in connectionwith the sale or grant or possible sale or grant of an interest in land or with the promo- tion by any means of the sale or grant of an interest in land,— (a) make a false or misleading representation that a person

has any sponsorship, approval, endorsement, or affilia- tion; or

(b) make a false or misleading representation concerning the nature of the interest in the land, the price payable for the land, the location of the land, the characteristics of the land, the use to which the land is capable of being

Part 1 s 14A Fair Trading Act 1986 Reprinted as at 1 April 2014

put or may lawfully be put, or the existence or availabil- ity of facilities associated with the land.

(2) No person shall use physical force, harassment, or coercion in connection with the sale or grant or possible sale or grant of an interest in land, or the payment for an interest in land.

(3) In this section interest, in relation to land, means a legal or equitable estate or interest in the land; and includes— (a) a right of occupancy of the land, or of a building or part

of a building erected on the land, arising by virtue of the holding of shares, or by virtue of a contract to purchase shares, in a company that owns the land or building; or

(b) a right, power, or privilege, over, or in connection with, the land.

Compare: Trade Practices Act 1974 s 53A (Aust) Section 14(1)(a): amended, on 8 July 2003, by section 3 of the Fair Trading Amendment Act 2003 (2003 No 31).

14A When vendor bids are misrepresentations (1) This section applies where property (being goods, services, or

an interest in land) is offered for sale— (a) by auction (as defined in section 36X); or (b) by any other bidding process in which all bids are dis-

closed. (2) The vendor of the property makes a false or misleading repre-

sentation with respect to the price of the property if the vendor, or any agent acting on behalf of the vendor, makes a vendor bid for the property.

(3) However, subsection (2) does not apply if— (a) there is a reserve price for the property; and (b) the bid is made before the reserve price is reached and

is clearly identified as a vendor bid. (4) If property is unsold at the end of an auction or other bidding

process referred to in subsection (1), any subsequent reference to a particular bid as being the amount at which the property was passed in is a false or misleading representation with re- spect to the price of the property if the bid was a vendor bid.

(5) In this section, vendor bid means a bid made by the vendor or any person (including an auctioneer) acting as agent for the vendor.

Reprinted as at 1 April 2014 Fair Trading Act 1986 Part 1 s 15

Section 14A: inserted, on 18 December 2013, by section 12 of the Fair Trading Amendment Act 2013 (2013 No 143).

15 Limited application of sections 9 to 14 to news media (1) Nothing in sections 9 to 14 applies to the publication of any

information or matter in a newspaper by the publisher of that newspaper, not being— (a) the publication of an advertisement; or (b) the publication of any information or matter relating to

the supply or possible supply or the promotion of the supply or use of goods or services or the sale or grant or the possible sale or grant or the promotion of the sale or grant of an interest in land by— (i) that publisher or, where that publisher is a body

corporate, by any interconnected body corporate; or

(ii) any person who is a party to any contract, ar- rangement, or understanding with that publisher relating to the content, nature or tenor of the in- formation or matter.

(2) Nothing in sections 9 to 14 applies to the broadcasting of any information or matter by a broadcasting body, not being— (a) the broadcasting of an advertisement; or (b) the broadcasting of any information or matter relating

to the supply or possible supply or the promotion of the supply or use of goods or services or the sale or grant or the possible sale or grant or the promotion of the sale or grant of an interest in land by— (i) that broadcasting body, or where that broadcast-

ing body is a body corporate, by any intercon- nected body corporate; or

(ii) any person who is a party to any contract, ar- rangement, or understanding with that broadcast- ing body relating to the content, nature or tenor of the information or matter.

(3) For the purposes of this section— (a) the expressions broadcasting and broadcasting body

shall have the same meanings as they have in section 2 of the Broadcasting Act 1976:

Part 1 s 16 Fair Trading Act 1986 Reprinted as at 1 April 2014

(b) newspaper has the meaning given to that term by sec- tion 2 of the Films, Videos, and Publications Classifica- tion Act 1993:

(ba) publisher, in relation to a newspaper, means its propri- etor:

(c) any 2 or more bodies corporate are to be treated as inter- connected if one of them is a body corporate of which the other is a subsidiary (within the meaning of sec- tion 5 of the Companies Act 1993), or if both of them are subsidiaries (within the meaning of that section) of one and the same body corporate; and interconnected body corporate shall be construed accordingly.

Section 15(3)(b): substituted, on 27 April 1995, by section 4(3) of the News- papers and Printers Act Repeal Act 1995 (1995 No 13). Section 15(3)(ba): inserted, on 27April 1995, by section 4(3) of theNewspapers and Printers Act Repeal Act 1995 (1995 No 13). Section 15(3)(c): substituted, on 1 July 1994, by section 2 of the Company Law Reform (Transitional Provisions) 1994 (1994 No 16). Section 15(3)(c): amended, on 5 December 2013, by section 14 of the Com- panies Amendment Act 2013 (2013 No 111).

16 Certain conduct in relation to trade marks prohibited (1) No person shall, in trade,—

(a) forge any trade mark; or (b) falsely apply to any goods any trade mark or sign so

nearly resembling a trademark as to be likely to mislead or deceive; or

(c) falsely use in relation to the provision of services any trade mark or sign so nearly resembling a trade mark as to be likely to mislead or deceive.

(2) For the purposes of this section a person shall be deemed to forge a trade mark if that person— (a) without the consent of the proprietor of the trade mark,

makes that trade mark or a sign so nearly resembling that trade mark as to be likely to mislead or deceive; or

(b) falsifies any genuine trade mark, whether by alteration, effacement or otherwise.

(3) For the purposes of this Part—

Reprinted as at 1 April 2014 Fair Trading Act 1986 Part 1 s 16

sign includes— (a) a brand, colour, device, heading, label, letter, name, nu-

meral, signature, smell, sound, taste, ticket, or word; and

(b) any combination of signs trade mark means a trade mark within the meaning of the Trade Marks Act 2002; and includes,— (a) in the case of goods, any sign used upon or in connection

with the goods for the purpose of indicating that they are— (i) goods of the proprietor of the sign by virtue

of manufacture, selection, certification, dealing with, or offering to supply; or

(ii) goods of a member of a body of persons that is the proprietor of the sign; or

(iii) goods certified by the proprietor of the sign in respect of origin, material, mode of manufacture, quality, accuracy, or other characteristic; and

(b) in the case of services, any sign used in connection with the provision of the services for the purpose of indicat- ing that they are— (i) services of the proprietor of the sign; or (ii) services of a member of a body of persons that is

the proprietor of the sign. Section 16(1): substituted, on 1 May 1988, by section 33(1) of the Trade Marks Amendment Act 1987 (1987 No 156). Section 16(1)(b): amended, on 1 January 1995, by section 2 of the Fair Trading Amendment Act 1994 (1994 No 124). Section 16(1)(c): amended, on 1 January 1995, by section 2 of the Fair Trading Amendment Act 1994 (1994 No 124). Section 16(2)(a): amended, on 1 January 1995, by section 2 of the Fair Trading Amendment Act 1994 (1994 No 124). Section 16(3) certification trade mark: repealed, on 1 April 2000, by section 8(1) of the Trade Marks Amendment Act 1999 (1999 No 121). Section 16(3) sign: inserted, on 1April 2000, by section 8(1) of the TradeMarks Amendment Act 1999 (1999 No 121). Section 16(3) trade mark: substituted, on 1 April 2000, by section 8(1) of the Trade Marks Amendment Act 1999 (1999 No 121). Section 16(3) trade mark: amended, on 20 August 2003, by section 201 of the Trade Marks Act 2002 (2002 No 49).

Part 1 s 17 Fair Trading Act 1986 Reprinted as at 1 April 2014

Unfair practices 17 Offering gifts and prizes

No person shall,— (a) in connection with the supply or possible supply of

goods or services or with the promotion by any means of the supply or use of goods or services; or

(b) in connection with the sale or grant or the possible sale or grant of an interest in land or with the promotion by any means of the sale or grant of an interest in land,—

offer gifts, prizes, or other free items with the intention of not providing them or of not providing them as offered. Compare: Trade Practices Act 1974 ss 53A(1)(c), 54 (Aust)

18 Trading stamp schemes prohibited [Repealed] Section 18: repealed, on 8 July 2003, by section 4 of the Fair Trading Amend- ment Act 2003 (2003 No 31).

19 Bait advertising (1) No person shall, in trade, advertise for supply at a specified

price goods or services which that person— (a) does not intend to offer for supply; or (b) does not have reasonable grounds for believing can be

supplied by that person— at that price for a period that is, and in quantities that are, rea- sonable having regard to the nature of the market in which the person carries on business and the nature of the advertisement.

(2) Any person who has advertised goods or services for supply at a specified price shall offer such goods or services for supply at that price for a period that is, and in quantities that are, rea- sonable having regard to the nature of the market in which the person carries on business and the nature of the advertisement.

(3) In a prosecution of any person in relation to a failure to offer goods or services to a person (in this subsection referred to as the customer) in accordance with subsection (2), it is a defence if the person proves that— (a) he offered to supply, or to procure another person to sup-

ply, goods or services of the kind advertised to the cus- tomer within a reasonable time, in a reasonable quan-

Reprinted as at 1 April 2014 Fair Trading Act 1986 Part 1 s 21

tity, and at the advertised price and where the offer was accepted by the customer, the person has so supplied or procured another person to supply the goods or services; or

(b) he offered to supply immediately, or to procure another person to supply within a reasonable time, equivalent goods or services to the customer in a reasonable quan- tity and at the price at which the first-mentioned goods or services were advertised, and, where the offer was accepted by the customer, the person has so supplied, or procured another person to supply, such equivalent goods or services.

Compare: 1969 No 12 s 10(3), (4); Trade Practices Act 1974 s 56 (Aust)

20 Referral selling (1) Subject to subsection (2), no person shall induce another per-

son to acquire goods or services by representing that the person acquiring the goods or services will, after the contract for the acquisition of the goods or services is made, receive a rebate, commission, or other benefit in return for giving that person the names of prospective customers or otherwise assisting that person to supply goods or services to other users or consumers, if receipt of the rebate, commission, or other benefit is contin- gent on an event occurring after that contract is made.

(2) Nothing in subsection (1) applies to the acquisition of goods for resupply. Compare: Trade Practices Act 1974 s 57 (Aust)

21 Demanding or accepting payment without intending to supply as ordered No person shall demand or accept payment or other consid- eration for goods or services, if at the time of the demand or acceptance that person— (a) does not intend to supply the goods or services; or (b) intends to supply goods or services materially different

from the goods or services in respect of which the pay- ment or other consideration is demanded or accepted; or

Part 1 s 22 Fair Trading Act 1986 Reprinted as at 1 April 2014

(c) does not have reasonable grounds to believe that that person will be able to supply the goods or services within any specified period; or if no period is specified, within a reasonable time.

Compare: Trade Practices Act 1974 s 58 (Aust)

22 Misleading representations about certain business activities

(1) No person shall make a representation that is false or mislead- ing in a material particular concerning the profitability or risk or any other material aspect of any business activity that that person represents as one that can be, or can be to a substantial extent, carried on at or from a person’s place of residence.

(2) No person who invites, whether by advertisement or other- wise, persons to engage or participate, or to offer or apply to engage or participate, in a business activity requiring— (a) the performance by the persons concerned of work; or (b) the investment of money by the persons concerned and

the performance by them of work associated with the investment—

shall make, with respect to the profitability or risk or any other material aspect of the business activity, a representation that is false or misleading in a material particular. Compare: 1975 No 113 s 48B; 1979 No 40 s 23; Trade Practices Act 1974 s 59 (Aust)

23 Harassment and coercion No person shall use physical force or harassment or coercion in connection with the supply or possible supply of goods or services or the payment for goods or services. Compare: Trade Practices Act 1974 s 60 (Aust)

24 Pyramid selling schemes (1) No person shall promote or operate a pyramid selling scheme. (2) For the purposes of this section, the term pyramid selling

scheme means— (a) a scheme—

(i) that provides for the supply of goods or services or both for reward; and

Reprinted as at 1 April 2014 Fair Trading Act 1986 Part 1 s 25

(ii) that, to many participants in the scheme, con- stitutes primarily an opportunity to buy or sell an investment opportunity, whether personally or through an agent, rather than an opportunity to buy or supply goods or services; and

(iii) that is or is likely to be unfair to many of the participants in the scheme in that— (A) the financial rewards of many of those par-

ticipants are dependent on the recruitment of additional participants (whether or not at successively lower levels); and

(B) the number of additional participants in the scheme that must be recruited to pro- duce reasonable financial rewards to par- ticipants in the scheme is not attainable or is not likely to be attainable bymany of the participants in the scheme:

(b) a scheme of the type commonly known as a chain letter scheme (whether or not it provides for the supply of goods or services or both) that is likely to be unfair to many of the participants in the scheme, in that— (i) the financial rewards of many of those partici-

pants are dependent on the recruitment of addi- tional participants; and

(ii) the number of additional participants in the scheme that must be recruited to produce rea- sonable financial rewards to participants in the scheme is not attainable or is not likely to be attainable by many of the participants in the scheme.

Compare: 1975 No 113 s 48A; 1979 No 140 s 22(1) Section 24(2)(a)(ii): substituted, on 8 July 2003, by section 5 of the Fair Trading Amendment Act 2003 (2003 No 31).

25 Provisions of this Part not limited by reference to other provisions of this Part No provision of this Part limits or affects any other provision of this Part.

Part 1 s 26 Fair Trading Act 1986 Reprinted as at 1 April 2014

26 Importation of goods bearing false trade description (1) This section applies to any goods to which a false trade de-

scription is applied. (2) All goods to which this section applies are hereby prohibited

to be imported into New Zealand, and shall be deemed to be included among goods prohibited to be imported under section 54 of the Customs and Excise Act 1996 and the provisions of that Act shall apply to such goods accordingly.

(3) In this section, false trade descriptionmeans any representa- tion which if made in connection with the supply or possible supply of goods or with the promotion by any means of the supply or use of goods would constitute a contravention of sec- tion 13(a), (d), or (j).

(4) For the purposes of subsection (1), a false trade description shall be deemed to be applied to goods if— (a) it is woven in, impressed on, worked into, or annexed

or affixed to the goods; or (b) it is applied to a covering, label, reel, or thing in or with

which the goods are supplied. (5) For the purposes of this section, a trade mark is not a repre-

sentation. Section 26: substituted, on 1 January 1995, by section 3(1) of the Fair Trading Amendment Act 1994 (1994 No 124). Section 26(2): amended, on 1 October 1996, by section 289(1) of the Customs and Excise Act 1996 (1996 No 27).

Part 2 Consumer information

Part 2: substituted, on 28 July 1997, by section 3 of the Fair Trading Amend- ment Act 1997 (1997 No 43).

27 Consumer information standards (1) The Governor-General may, by Order in Council made on the

recommendation of the Minister, make regulations prescrib- ing consumer information standards in respect of goods or ser- vices of any description or any class or classes of goods or ser- vices.

(1A) A consumer information standard may—

Reprinted as at 1 April 2014 Fair Trading Act 1986 Part 2 s 27

(a) require the disclosure of information relating to the kind, grade, quantity, origin, performance, care, com- position, contents, design, construction, use, price, finish, packaging, promotion, or supply of the goods or services; and

(b) specify how that information must be obtained or veri- fied before it is disclosed; and

(c) specify the form and manner in which that information must be disclosed on or in relation to— (i) the supply or possible supply of the goods or ser-

vices; or (ii) the resupply or possible resupply of the goods or

services; or (iii) the promotion by any means of 1 or more of the

matters described in subparagraphs (i) and (ii). (2) The Governor-General may, from time to time, on the recom-

mendation of the Minister, by Order in Council, make regula- tions declaring that: (a) an official standard or an official standard with such

additions or variations as are specified in the regulations is a consumer information standard:

(b) a specified part or parts of an official standard or of an official standard with such additions or variations as are specified in the regulations is a consumer information standard:

(c) 2 or more official standards or 2 or more official stand- ards with such additions or variations as are specified in the regulations are consumer information standards:

(d) specified parts of 2 or more official standards or of 2 or more official standards with such additions or vari- ations as are specified in the regulations are consumer information standards.

(3) TheMinister must not make a recommendation under this sec- tion unless— (a) the Minister has consulted with such persons or repre-

sentatives of such persons as theMinister considers will be substantially affected by any Order in Council made in accordance with the recommendation and those per-

Part 2 s 28 Fair Trading Act 1986 Reprinted as at 1 April 2014

sons have had the opportunity to comment to the Min- ister; and

(b) the Minister has considered any such comments. (4) A failure to comply with subsection (3) does not affect the

validity of any Order in Council made under this section. (5) No Order in Council may be made under this section in re-

spect of any medicine or related product, within the meaning of the Medicines Act 1981, except in relation to the price of the medicine or related product. Section 27: substituted, on 28 July 1997, by section 3 of the Fair Trading Amendment Act 1997 (1997 No 43). Section 27(1): replaced, on 18December 2013, by section 15 of the Fair Trading Amendment Act 2013 (2013 No 143). Section 27(1A): inserted, on 18 December 2013, by section 15 of the Fair Trad- ing Amendment Act 2013 (2013 No 143).

28 Compliance with consumer information standards (1) If a consumer information standard in respect of goods or ser-

vices relates to a matter specified in section 27(1A), a person must not supply, or offer to supply, or advertise to supply those goods or services unless that person complies with that con- sumer information standard.

(2) If 2 or more consumer information standards in respect of goods or services relate to a matter specified in section 27(1A), a personmust not supply, or offer to supply, or advertise to sup- ply those goods or services unless that person complies with one of those consumer information standards.

(3) Nothing in subsection (1) or subsection (2) applies to goods that are intended for use outside New Zealand if there is ap- plied to the goods— (a) a statement that the goods are for export only; or (b) a statement indicating, by the use of words authorised

by regulations made under this section, that the goods are intended to be used outside New Zealand,—

and it must be presumed for the purposes of this section, un- less the contrary is established, that the goods so identified are intended to be so used.

(4) For the purposes of subsection (3), a statement is deemed to be applied to goods if the statement is—

Reprinted as at 1 April 2014 Fair Trading Act 1986 Part 2 s 28A

(a) woven in, impressed on, worked into, or annexed or affixed to the goods; or

(b) applied to a covering, label, reel, or thing in or with which the goods are supplied.

Section 28: substituted, on 28 July 1997, by section 3 of the Fair Trading Amendment Act 1997 (1997 No 43). Section 28(1): amended, on 18 December 2013, by section 16 of the Fair Trad- ing Amendment Act 2013 (2013 No 143). Section 28(2): amended, on 18 December 2013, by section 16 of the Fair Trad- ing Amendment Act 2013 (2013 No 143).

28A Regulations relating to disclosure by fund-raisers making requests for charitable purposes

(1) The Governor-General may, by Order in Council made on the recommendation of the Minister in accordance with subsec- tion (2), make regulations, in relation to fund-raisers making requests for charitable purposes, for all or any of the following purposes: (a) prescribing requirements for the disclosure of informa-

tion about— (i) the fund-raiser, the charitable organisation, and

the relationship between those parties: (ii) the financial benefits that the fund-raiser or any

person other than the charitable organisation has received, or will or may receive, (whether di- rectly or indirectly) as a result of making re- quests:

(iii) the amount of any donation included in the price of goods or services:

(b) prescribing the manner of disclosure, including— (i) by whom, and to whom, disclosure must be

made: (ii) when and how disclosure must be made, includ-

ing any particular words required: (c) prescribing how the financial benefit must be calculated

and expressed: (d) specifying any financial benefit that the fund-raiser is

not required to disclose. (2) TheMinister must not make a recommendation under this sec-

tion unless—

Part 2 s 28A Fair Trading Act 1986 Reprinted as at 1 April 2014

(a) the Minister has consulted with such persons or repre- sentatives of such persons as theMinister considers will be substantially affected by any Order in Council made in accordance with the recommendation and those per- sons have had the opportunity to comment to the Min- ister; and

(b) the Minister has considered any such comments. (3) A failure to comply with subsection (2) does not affect the

validity of any Order in Council made under this section. (4) If regulations made under this section require a fund-raiser to

disclose information, that fund-raiser must comply with the regulations.

(5) In this section,— charitable entity has the meaning given to it in section 4(1) of the Charities Act 2005 charitable organisation— (a) means—

(i) a charitable entity; or (ii) any other person or organisation whose purpose,

or predominant purpose, is a charitable purpose; and

(b) includes a person or organisation that holds itself out as being a charitable organisation, whether or not that person or organisation would otherwise be a charitable organisation within the meaning given in paragraph (a)

charitable purpose includes every charitable purpose, whether it relates to the relief of poverty, the advancement of education or religion, or any other matter beneficial to the community fund-raiser— (a) means a person who, in business, makes requests for

donations for charitable purposes; and (b) includes that person’s employer or principal; but (c) does not include—

(i) the charitable organisation concerned or an em- ployee of that organisation; or

Reprinted as at 1 April 2014 Fair Trading Act 1986 Part 3 s 29

(ii) a volunteer (being a person who does not expect to, and does not, receive any financial benefit for his or her fund-raising activities)

requests includes— (a) soliciting for donations for a charitable purpose; and (b) canvassing for subscriptions for a charitable purpose;

and (c) requests, by suppliers of goods or services, for dona-

tions that are included as part of the price of goods or services.

Section 28A: inserted, on 30 June 2012, by section 4 of the Fair Trading (So- liciting on Behalf of Charities) Amendment Act 2012 (2012 No 48).

Part 3 Product safety

29 Product safety standards (1) The Governor-General may, from time to time, on the recom-

mendation of the Minister, by Order in Council, make regula- tions in respect of goods of any description or any class or classes of goods, prescribing for the purpose of preventing or reducing the risk of injury to any person, a product safety standard or 2 or more product safety standards relating to all or any of the following matters— (a) the performance, composition, contents, manufacture,

processing, design, construction, finish or packaging of the goods:

(b) the testing of the goods during or after manufacture or processing:

(2) The Governor-General may, from time to time, on the recom- mendation of the Minister, by Order in Council, make regula- tions declaring that: (a) an official standard or an official standard with such

additions or variations as are specified in the regulations is a product safety standard:

(b) a specified part or parts of an official standard or of an official standard with such additions or variations as are specified in the regulations is a product safety standard:

Part 3 s 30 Fair Trading Act 1986 Reprinted as at 1 April 2014

(c) 2 or more official standards or 2 or more official stand- ards with such additions or variations as are specified in the regulations are product safety standards:

(d) specified parts of 2 or more official standards or of 2 or more official standards with such additions or vari- ations as are specified in the regulations are product safety standards.

(3) TheMinister must not make a recommendation under this sec- tion unless— (a) the Minister has consulted with such persons or repre-

sentatives of such persons as theMinister considers will be substantially affected by any Order in Council made in accordance with the recommendation and those per- sons have had the opportunity to comment to the Min- ister; and

(b) the Minister has considered any such comments. (4) A failure to comply with subsection (3) does not affect the

validity of any Order in Council made under this section. Section 29: substituted, on 28 July 1997, by section 4 of the Fair Trading Amendment Act 1997 (1997 No 43).

30 Compliance with product safety standards (1) If a product safety standard in respect of goods relates to a

matter specified in section 29(1), a person must not supply, or offer to supply, or advertise to supply those goods unless that person complies with that product safety standard.

(2) If 2 or more product safety standards in respect of goods re- late to a matter specified in section 29(1), a person must not supply, or offer to supply, or advertise to supply those goods unless that person complies with one of those product safety standards.

by regulations made under this section, that the goods are intended to be used outside New Zealand,—

Reprinted as at 1 April 2014 Fair Trading Act 1986 Part 3 s 30A

and it must be presumed for the purposes of this section, un- less the contrary is established, that the goods so identified are intended to be so used.

(4) For the purposes of subsection (3), a statement is deemed to be applied to goods if the statement is— (a) woven in, impressed on, worked into, or annexed or

affixed to the goods; or (b) applied to a covering, label, reel, or thing in or with

which the goods are supplied. Section 30: substituted, on 28 July 1997, by section 4 of the Fair Trading Amendment Act 1997 (1997 No 43).

30A Product safety policy statements (1) The Minister may, if the Minister considers it necessary or

desirable, issue a product safety policy statement that— (a) relates to goods of any description or any class or

classes of goods; and (b) provides guidance on the safety of those goods to con-

sumers, retailers, and manufacturers. (2) The Minister may, at any time, amend, revoke, or replace a

product safety policy statement. (3) However, the Minister must not issue, amend, revoke, or re-

place a product safety policy statement unless— (a) the Minister has consulted such persons or representa-

tives of such persons as the Minister considers will be substantially affected by the proposed statement, and those persons have had the opportunity to comment to the Minister; and

(b) the Minister has considered any such comments. (4) The chief executive—

(a) must ensure that a copy of every statement issued, amended, or replaced under this section or under sec- tion 30B is available to the public, at all reasonable times, on an Internet site maintained by or on behalf of the Ministry; and

(b) may make copies of statements available in any other way that the chief executive considers appropriate in the circumstances.

Part 3 s 30B Fair Trading Act 1986 Reprinted as at 1 April 2014

Section 30A: inserted, on 18 December 2013, by section 18 of the Fair Trading Amendment Act 2013 (2013 No 143).

30B Review of product safety policy statements (1) The Ministry must—

(a) review a product safety policy statement issued under section 30A within 5 years after its issue or (in the case of a subsequent review) within 5 years after the last review; and

(b) immediately following the review, prepare a report on the review for the Minister.

(2) The report must include recommendations to the Minister on whether the statement should be continued, amended, revoked, or replaced.

(3) However, the Ministry must not prepare a report under this section unless— (a) the Ministry has consulted such persons or represen-

tatives of such persons as the Ministry considers will be substantially affected by the proposed recommen- dations, and those persons have had the opportunity to comment to the Ministry; and

(b) the Ministry has considered any such comments. (4) As soon as practicable after receiving the report, the Minister

must— (a) consider the recommendations and any comments re-

ceived by the Ministry under subsection (3)(a); and (b) decide whether to continue, amend, revoke, or replace

the statement; and (c) ensure that the Minister’s decision is available to the

public, at all reasonable times, on an Internet site main- tained by or on behalf of the Ministry.

Section 30B: inserted, on 18 December 2013, by section 18 of the Fair Trading Amendment Act 2013 (2013 No 143).

31 Unsafe goods (1) Where it appears to the Minister that goods of any description

or any class or classes of goods will or may cause injury to any person, the Minister may, by notice in the Gazette, declare the goods to be unsafe goods.

Reprinted as at 1 April 2014 Fair Trading Act 1986 Part 3 s 31

(1A) TheMinister may also, by notice in theGazette, declare goods of any description or any class or classes of goods to be unsafe goods if it appears to theMinister that a reasonably foreseeable use (including misuse) of the goods will, or may, cause injury to any person.

(1B) In deciding whether to make a declaration under subsection (1A), the Minister must have regard to all the circumstances, including— (a) the likelihood of an injury occurring to a person as a

result of the reasonably foreseeable use or misuse of the goods:

(b) the seriousness of the injury likely to be suffered by the user of the goods or any other person:

(d) any steps that the supplier or manufacturer of the goods has taken to mitigate the risk of injury:

(e) whether, taking into account the ordinary and intended use of the goods, the public interest favours making a declaration.

(2) A notice made pursuant to subsection (1) shall, unless previ- ously revoked by the Minister by notice in theGazette, remain in force for 18 months after the date of publication of the no- tice in the Gazette.

(3) Where— (a) a period of 18 months has elapsed after the date of pub-

lication of a notice in theGazette pursuant to subsection (1) or (1A) declaring goods to be unsafe goods; and

(b) a product safety standard has not been prescribed pur- suant to section 29 in respect of the goods,—

the Minister may, by notice in the Gazette, prohibit the supply of the goods indefinitely or for such period as may be specified in the notice.

(3A) The Minister must not issue a notice under subsection (3) un- less— (a) the Minister has consulted such persons or representa-

tives of such persons as the Minister considers will be substantially affected by the proposed notice and those

Part 3 s 31A Fair Trading Act 1986 Reprinted as at 1 April 2014

persons have had the opportunity to comment to the Minister; and

(b) the Minister has considered any such comments. (3B) A failure to comply with subsection (3A) does not affect the

validity of any notice given under this section, except where there has been a complete failure to consult.

(4) A notice made pursuant to subsection (3) may be amended or revoked at any time by the Minister by notice in the Gazette.

(5) No person shall supply, or offer to supply, or advertise to sup- ply, goods— (a) in respect of which there is in force a notice declaring

the goods to be unsafe goods; or (b) in respect of which there is in force a notice under sub-

section (3). Compare: Trade Practices Act 1974 s 62(1)(b), (2D), (2E) (Aust) Section 31(1A): inserted, on 18 December 2013, by section 19(1) of the Fair Trading Amendment Act 2013 (2013 No 143). Section 31(1B): inserted, on 18 December 2013, by section 19(1) of the Fair Trading Amendment Act 2013 (2013 No 143). Section 31(3)(a): amended, on 18 December 2013, by section 19(2) of the Fair Trading Amendment Act 2013 (2013 No 143). Section 31(3A): inserted, on 18 December 2013, by section 19(3) of the Fair Trading Amendment Act 2013 (2013 No 143). Section 31(3B): inserted, on 18 December 2013, by section 19(3) of the Fair Trading Amendment Act 2013 (2013 No 143).

31A Voluntary product recall (1) This section applies if—

(a) a supplier voluntarily recalls goods because— (i) the goods will, or may, cause injury to any per-

son; or (ii) a reasonably foreseeable use (including misuse)

of the goods will, or may, cause injury to any person; or

(iii) the goods do not comply with a product safety standard; and

(b) there is no other requirement, under any other enact- ment, for a supplier in those circumstances to— (i) report to a government agency; or

Reprinted as at 1 April 2014 Fair Trading Act 1986 Part 3 s 31A

(ii) do any other thing in relation to goods of a kind referred to in paragraph (a) (for example, to have in place a process for the voluntary recall of goods of that kind).

(2) The supplier must, within 2 working days after recalling the goods, notify the chief executive of the recall.

(3) A notice under subsection (2) must be expressed in plain lan- guage and must contain the following information: (a) a description of the goods, with sufficient detail to en-

able a consumer to readily identify the goods to which the notice relates; and

(b) a description of the danger (including the risk of damage or harm occurring as a result of that danger) that led to the goods being recalled; and

(c) details of what a consumer needs to do in response to the recall, including, as the case may be,— (i) any precautions the consumer should take to

avoid or reduce the risk of injury from the goods: (ii) how to rectify the issue that led to the goods being

recalled: (iii) where to take the goods for repair, replacement,

or refund; and (d) the supplier’s name, street address, telephone number,

and email address. (4) The chief executive—

(a) must ensure that a copy of every notice under this sec- tion is available to the public, at all reasonable times, on an Internet site maintained by or on behalf of the Ministry, for at least 2 years after the date on which the voluntary recall was notified to the chief executive in accordance with subsection (2); and

(b) may make copies of notices available in any other way that the chief executive considers appropriate in the cir- cumstances.

(5) In subsection (1)(b), government agencymeans a department or Crown entity. Section 31A: inserted, on 18 December 2013, by section 20 of the Fair Trading Amendment Act 2013 (2013 No 143).

Part 3 s 32 Fair Trading Act 1986 Reprinted as at 1 April 2014

32 Compulsory product recall (1) Where a person (in this section referred to as the supplier) has

in trade supplied goods which— (a) do not comply with a product safety standard prescribed

in respect of the goods; or (b) are goods of a kind which will or may cause injury to

any person— and the supplier has not recalled the goods or taken satisfactory action to recall the goods the Minister may, by notice to the supplier, require the supplier to take the action specified in subsection (3).

(1A) The Minister may also, by notice to the supplier, require the supplier to take the action specified in subsection (3) if it ap- pears to theMinister that a reasonably foreseeable use (includ- ing misuse) of the goods supplied by the supplier will, or may, cause injury to any person.

(1B) In deciding whether to issue a notice under subsection (1A), the Minister must have regard to all the circumstances, includ- ing— (a) the likelihood of an injury occurring to a person as a

result of the reasonably foreseeable use or misuse of the goods:

(b) the seriousness of the injury likely to be suffered by the user of the goods or any other person:

(d) any steps that the supplier or manufacturer of the goods has taken to mitigate the risk of injury:

(e) whether, taking into account the ordinary and intended use of the goods, the public interest favours the issuing of a compulsory product recall notice.

(2) Where a person (in this section referred to as the supplier) has in trade supplied goods which are goods of a kind in relation to which there is in force a notice under section 31(1) or (3), and the supplier has not recalled the goods or taken satisfac- tory action to recall the goods, the Minister may by notice to the supplier require the supplier to take the action specified in subsection (3).

Reprinted as at 1 April 2014 Fair Trading Act 1986 Part 3 s 33

(3) For the purposes of subsections (1), (1A), and (2), theMinister may require the supplier, in a manner and within a period spe- cified and at his own expense, to do all or any of the following: (a) recall the goods: (b) disclose to the public information relating to—

(i) the characteristics of the goods which render them unsafe; or

(ii) the circumstances in which use of the goods is unsafe; or

(iii) any other matters relating to the goods or the use of the goods as may be specified:

(c) repair or replace the goods or refund to any person to whom the goods were supplied or resupplied the price paid for the goods or any lesser amount as may be rea- sonable having regard to the use that person has had of the goods.

(4) Where a notice is given to a supplier under this section, that supplier shall comply in all respects with the notice.

(5) Where a notice is given to a supplier under this section, that supplier shall not, in trade,— (a) where the notice identifies a defect in, or a dangerous

characteristic of the goods, supply goods of a kind to which the notice relates which contain that defect or have that characteristic; or

(b) in any other case, supply goods of a kind to which the notice relates.

Section 32(1A): inserted, on 18 December 2013, by section 21(1) of the Fair Trading Amendment Act 2013 (2013 No 143). Section 32(1B): inserted, on 18 December 2013, by section 21(1) of the Fair Trading Amendment Act 2013 (2013 No 143). Section 32(3): amended, on 18 December 2013, by section 21(2) of the Fair Trading Amendment Act 2013 (2013 No 143). Section 32(4): amended, on 18 December 2013, by section 21(3) of the Fair Trading Amendment Act 2013 (2013 No 143). Section 32(5): amended, on 18 December 2013, by section 21(4) of the Fair Trading Amendment Act 2013 (2013 No 143).

33 Importation of certain goods prohibited All goods the supply of which would constitute a contraven- tion of this Part are hereby prohibited to be imported into New

Part 3 s 33A Fair Trading Act 1986 Reprinted as at 1 April 2014

Zealand and shall be deemed to be included among goods pro- hibited to be imported under section 54 of the Customs and Excise Act 1996 and the provisions of that Act shall apply to such goods accordingly. Section 33: amended, on 1 October 1996, by section 289(1) of the Customs and Excise Act 1996 (1996 No 27).

Product safety officers Heading: inserted, on 18 December 2013, by section 22 of the Fair Trading Amendment Act 2013 (2013 No 143).

33A Appointment of product safety officers (1) The chief executive may appoint as a product safety officer

any person who has passed such examinations as the chief ex- ecutive requires to test the person’s knowledge of this Act and the functions and powers of product safety officers.

(2) The chief executive may appoint a person as a trainee product safety officer, whether or not the person has passed the exam- inations referred to in subsection (1).

(3) For the purposes of this Act, a trainee product safety offi- cer acting under the supervision of a product safety officer is deemed to be a product safety officer. Compare: 1987 No 15 s 26 Section 33A: inserted, on 18 December 2013, by section 22 of the Fair Trading Amendment Act 2013 (2013 No 143).

33B Certificates of appointment (1) Every product safety officer, and every trainee product safety

officer, must be issued with a certificate as evidence of that person’s appointment under section 33A.

(2) The certificate must be in a form determined by the chief ex- ecutive and set out— (a) the full name of the appointee; and (b) a statement that the person is appointed under section

33A of this Act; and (c) a reference to the powers of the appointee under sections

33C and 33D; and

Reprinted as at 1 April 2014 Fair Trading Act 1986 Part 3 s 33C

(d) a statement of the powers (if any) of the product safety officer under the Search and Surveillance Act 2012.

Compare: 1987 No 15 s 27 Section 33B: inserted, on 18 December 2013, by section 22 of the Fair Trading Amendment Act 2013 (2013 No 143).

33C Powers of product safety officers (1) A product safety officer may enter and inspect a place (not

being a dwellinghouse) without a warrant if— (a) the product safety officer believes on reasonable

grounds that— (i) certain goods are unsafe (suspect goods); and (ii) the suspect goods are supplied at, or dispatched

from, the place; and (b) the entry and inspection is for the purpose of ascertain-

ing, or taking steps to ascertain, whether the suspect goods are in fact unsafe.

(2) While at the place, a product safety officermay, for the purpose described in subsection (1), do any of the following: (a) with respect to any goods at the place that are available

to consumers for supply or are dispatched for supply to consumers, inspect the goods, photograph them, and purchase them at the price for which they are currently offered for sale:

(b) require the person who appears at the time to be in charge of the supply or dispatch of goods at the place (the person in charge) to give his or her name and show to the product safety officer identification sufficient to confirm that the name given is correct:

(d) if suspect goods have, within a specified period, been supplied in trade to another person other than by retail, require the person in charge to identify the person or persons to whom they have been supplied during that period:

(e) require any person by whom suspect goods are carried for delivery pursuant to, or in connection with, a con- tract of sale to give—

Part 3 s 33D Fair Trading Act 1986 Reprinted as at 1 April 2014

(i) his or her name and address; and (ii) the name and address of his or her employer (if

any); and (iii) the name and address of the owner of the goods,

if known. (3) If a product safety officer enters a dwellinghouse with the per-

mission of the occupier or under a warrant issued under sub- section (4), the product safety officer may, for the purpose de- scribed in subsection (1)(b), exercise the powers listed in sub- section (2).

(4) An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012) may issue a warrant au- thorising a product safety officer to enter a dwellinghouse if the issuing officer is satisfied, on application made in accord- ance with subsection (5), that there are reasonable grounds for believing that it is necessary for the product safety officer to enter the dwellinghouse for the purpose of ascertaining— (a) whether there are any suspect goods at the dwelling-

house that are or may be available to consumers for sup- ply, or are or may be being dispatched for supply to con- sumers; and

(b) if there are, whether the goods are unsafe. (5) The application for a warrant must be made in writing in the

manner provided for an application for a search warrant in subpart 3 of Part 4 of the Search and Surveillance Act 2012.

(6) Part 4 of the Search and Surveillance Act 2012 (except sec- tions 118 and 119) applies. Compare: 1987 No 15 s 28 Section 33C: inserted, on 18 December 2013, by section 22 of the Fair Trading Amendment Act 2013 (2013 No 143).

33D Suspension of supply notices (1) A product safety officer may issue to a person in possession of

goods a suspension of supply notice in respect of those goods, and any other goods of that description or class, if the product safety officer— (a) either—

Reprinted as at 1 April 2014 Fair Trading Act 1986 Part 3 s 33D

(i) knows that the goods, or goods of that description or class, have been implicated in serious injury or death; or

(ii) has good reason to suspect that the goods, or goods of that description or class, may be unsafe; and

(b) believes on reasonable grounds that— (i) the supply of the goods may lead to a person

suffering serious harm; and (ii) the order is necessary to prevent the supply of

the goods pending further investigation into their safety.

(2) A suspension of supply notice is a notice prohibiting the person or persons identified in the notice from supplying the goods identified in the notice during the period before the ex- piry of the notice.

(3) Every suspension of supply notice must be in the form pre- scribed by the chief executive, and must clearly set out— (a) the goods, or the description or class of goods, to which

the notice relates; and (b) when the notice expires, which must be no later than

5 pm on the third working day after the day on which the notice is issued; and

(c) the person or persons to whom the notice applies, who may be any of the following: (i) the person in charge: (ii) any employee or agent of that person: (iii) any employer or manager of that person: (iv) any employee or agent of that person’s employer

or manager; and (d) the name of the product safety officer who issues the

notice. (4) A person to whom a suspension of supply notice applies must

not supply the goods identified in the notice at any time before the notice expires.

(5) A product safety officer may, with the approval of the chief executive, renew a suspension of supply notice before its ex- piry, but— (a) may do so not more than twice; and

Part 4 s 34 Fair Trading Act 1986 Reprinted as at 1 April 2014

(b) may not renew the notice so that the total prohibition exceeds 9 consecutive working days.

Section 33D: inserted, on 18 December 2013, by section 22 of the Fair Trading Amendment Act 2013 (2013 No 143).

Part 4 Safety of services

34 Meaning of services For the purposes of this Part services means the performance of work by way of— (a) the maintenance, repair, treatment, processing, installa-

tion, assembly, cleaning or alteration of goods: (b) the construction, maintenance, repair, cleaning or alter-

ation of any building or other fixture on land: (c) the development of land: (d) the transportation of goods. Compare: Trade Practices Act 1974 s 74(3) (Aust)

35 Safety standards in respect of services (1) The Governor-General may, from time to time, on the recom-

mendation of the Minister, by Order in Council, make regula- tions in respect of services of any description or any class or classes of services, prescribing for the purpose of preventing or reducing the risk of injury to any person, a services safety standard or 2 or more services safety standards relating to the performance of those services.

additions or variations as are specified in the regulations is a services safety standard:

(b) a specified part or parts of an official standard or of an official standard with such additions or variations as are specified in the regulations is a services safety standard:

(c) 2 or more official standards or 2 or more official stand- ards with such additions or variations as are specified in the regulations are services safety standards:

Reprinted as at 1 April 2014 Fair Trading Act 1986 Part 5 s 37

(d) specified parts of 2 or more official standards or of 2 or more official standards with such additions or variations as are specified in the regulations are services safety standards.

(3) TheMinister must not make a recommendation under this sec- tion unless— (a) the Minister has consulted with such persons or repre-

(b) the Minister has considered any such comments. (4) A failure to comply with subsection (3) does not affect the

validity of any Order in Council made under this section. Section 35: substituted, on 28 July 1997, by section 5 of the Fair Trading Amendment Act 1997 (1997 No 43).

36 Compliance with services safety standards (1) If a services safety standard in respect of services is prescribed

under section 35(1), a person must not supply, or offer to sup- ply, or advertise to supply those services unless that person complies with that services safety standard.

(2) If 2 or more services safety standards in respect of services are prescribed under section 35(1), a person must not supply, or offer to supply, or advertise to supply those services unless that person complies with one of those services safety standards. Section 36: substituted, on 28 July 1997, by section 5 of the Fair Trading Amendment Act 1997 (1997 No 43).

Part 5 Enforcement and remedies

Jurisdiction of courts 37 Jurisdiction of High Court

In accordance with this Part, the High Court shall hear and determine the following matters— (a) appeals from criminal proceedings in a District Court

for offences against sections 40 and 47J:

Part 5 s 38 Fair Trading Act 1986 Reprinted as at 1 April 2014

(ab) appeals from proceedings in a District Court for orders under section 40A:

(b) applications for injunctions under section 41: (c) applications for orders under sections 42 and 43: (d) applications for orders under section 46B to enforce

an undertaking involving a sum that, in total, exceeds $200,000 or, if greater, the amount specified in section 29 of the District Courts Act 1947:

(e) appeals from any order of a District Court under section 46B:

(f) appeals from any order or decision of a District Court under section 46C or 46G:

(g) applications by the Commission for a declaration under section 46I.

Section 37(a): amended, on 8 July 2003, by section 6(1) of the Fair Trading Amendment Act 2003 (2003 No 31). Section 37(ab): inserted, on 8 July 2003, by section 6(2) of the Fair Trading Amendment Act 2003 (2003 No 31). Section 37(d): inserted, on 18 December 2013, by section 24 of the Fair Trading Amendment Act 2013 (2013 No 143). Section 37(e): inserted, on 18 December 2013, by section 24 of the Fair Trading Amendment Act 2013 (2013 No 143). Section 37(f): inserted, on 18 December 2013, by section 24 of the Fair Trading Amendment Act 2013 (2013 No 143). Section 37(g): inserted, on 18 December 2013, by section 24 of the Fair Trading Amendment Act 2013 (2013 No 143).

38 Jurisdiction of District Courts (1) In accordance with this Part, the District Courts shall hear and

determine the following matters— (a) proceedings for offences against sections 40 and 47J: (b) applications for orders under sections 40A, 42, and 43: (c) applications for orders under section 46B to enforce an

undertaking involving a sum that, in total, does not ex- ceed $200,000 or, if greater, the amount specified in sec- tion 29 of the District Courts Act 1947:

(d) applications under sections 46C and 46G: (e) applications by the Commission for a declaration under

section 46I. (2) This section is subject to section 43B.

Reprinted as at 1 April 2014 Fair Trading Act 1986 Part 5 s 40

Section 38(1)(a): amended, on 8 July 2003, by section 7(a) of the Fair Trading Amendment Act 2003 (2003 No 31). Section 38(1)(b): amended, on 8 July 2003, by section 7(b) of the Fair Trading Amendment Act 2003 (2003 No 31). Section 38(1)(c): inserted, on 18 December 2013, by section 25(1) of the Fair Trading Amendment Act 2013 (2013 No 143). Section 38(1)(d): inserted, on 18 December 2013, by section 25(1) of the Fair Trading Amendment Act 2013 (2013 No 143). Section 38(1)(e): inserted, on 18 December 2013, by section 25(1) of the Fair Trading Amendment Act 2013 (2013 No 143). Section 38(2): inserted, on 18 December 2013, by section 25(2) of the Fair Trading Amendment Act 2013 (2013 No 143).

39 Jurisdiction of Disputes Tribunals (1) In accordance with this Part, a Disputes Tribunal established

under section 4 of the Disputes Tribunals Act 1988 shall have jurisdiction to hear and determine applications for orders under section 43.

(2) This section is subject to section 43B. Section 39: substituted, on 1 March 1989, by section 82(2) of the Disputes Tribunals Act 1988 (1988 No 110). Section 39(1): amended, on 18 December 2013, by section 26(1) of the Fair Trading Amendment Act 2013 (2013 No 143). Section 39(2): inserted, on 18 December 2013, by section 26(2) of the Fair Trading Amendment Act 2013 (2013 No 143).

Offences 40 Contraventions of provisions of Part 1, Part 2, Part 3,

and Part 4 an offence (1) Every person who contravenes any of the provisions of Part 1

(except sections 9, 14(2), 23, and 24), or Part 2, or Part 3 or Part 4, commits an offence and is liable on conviction— (a) in the case of a person other than a body corporate, to a

fine not exceeding $60,000; and (b) in the case of a body corporate, to a fine not exceeding

$200,000. (1A) Every person who contravenes section 24 commits an offence

and is liable on conviction to a fine not exceeding $200,000. (2) Where a person is convicted, whether in the same or separate

proceedings, of 2 ormore offences in respect of contraventions

Part 5 s 40A Fair Trading Act 1986 Reprinted as at 1 April 2014

of the same provisions of this Act and those contraventions are of the same or a substantially similar nature and occurred at or about the same time, the aggregate amount of any fines imposed on that person in respect of those convictions shall not exceed the amount of the maximum fine that may be imposed in respect of a conviction for a single offence.

(3) [Repealed] Compare: Trade Practices Act 1974 s 79(3) (Aust) Section 40(1): amended, on 1 July 2013, by section 413 of the Criminal Pro- cedure Act 2011 (2011 No 81). Section 40(1): amended, on 8 July 2003, by section 8(1)(a) of the Fair Trading Amendment Act 2003 (2003 No 31). Section 40(1)(a): amended, on 8 July 2003, by section 8(1)(b) of the Fair Trad- ing Amendment Act 2003 (2003 No 31). Section 40(1)(b): amended, on 8 July 2003, by section 8(1)(c) of the Fair Trad- ing Amendment Act 2003 (2003 No 31). Section 40(1A): inserted, on 8 July 2003, by section 8(2) of the Fair Trading Amendment Act 2003 (2003 No 31). Section 40(1A): amended, on 1 July 2013, by section 413 of the Criminal Pro- cedure Act 2011 (2011 No 81). Section 40(3): repealed, on 1 July 2013, by section 413 of the Criminal Proced- ure Act 2011 (2011 No 81).

40A Additional penalty for contravention of section 24 involving commercial gain

(1) If a person is convicted of an offence under section 40(1A) , the court may, on the application of the Commission, in addition to any penalty that the court may impose under that subsection, order that person to pay an amount not exceeding the value of any commercial gain resulting from the contravention if the court is satisfied that the contravention occurred in the course of producing a commercial gain.

(2) The value of any gain must be assessed by the court, and any amount ordered to be paid is recoverable in the same manner as a fine.

(3) The standard of proof in proceedings under this section is the standard of proof that applies in civil proceedings.

(4) [Repealed] Section 40A: inserted, on 8 July 2003, by section 9 of the Fair Trading Amend- ment Act 2003 (2003 No 31).

Reprinted as at 1 April 2014 Fair Trading Act 1986 Part 5 s 41

Section 40A(4): repealed, on 18 December 2013, by section 28 of the Fair Trading Amendment Act 2013 (2013 No 143).

Civil proceedings 41 Injunctions may be granted by court for contravention of

Part 1, Part 2, Part 3, and Part 4 (1) The court may, on the application of the Commission or any

other person, grant an injunction restraining a person from en- gaging in conduct that constitutes or would constitute any of the following— (a) a contravention of any of the provisions of Parts 1 to 4: (b) any attempt to contravene such a provision: (c) aiding, abetting, counselling, or procuring any other

person to contravene such a provision: (d) inducing, or attempting to induce, any other person,

whether by threats, promises or otherwise, to contra- vene such a provision:

(e) being in any way directly or indirectly, knowingly con- cerned in, or party to, the contravention by any other person of such a provision:

(f) conspiring with any other person to contravene such a provision.

(2) The court may at any time rescind or vary an injunction granted under this section.

(3) Where an application is made to the court under this section for the grant of an injunction restraining a person from engaging in conduct of a particular kind the court may,— (a) if it is satisfied that the person has engaged in conduct

of that kind, grant an injunction restraining the person from engaging in conduct of that kind; or

(b) if in the opinion of the court it is desirable to do so, grant an interim injunction restraining the person from engaging in conduct of that kind,—

whether or not it appears to the court that the person intends to engage again, or to continue to engage, in conduct of that kind.

(4) Where an application is made to the court under this section for the grant of an injunction restraining a person from engaging in conduct of a particular kind, the court may,—

Part 5 s 42 Fair Trading Act 1986 Reprinted as at 1 April 2014

(a) if it appears to the court that, in the event that an injunc- tion is not granted, it is likely that the personwill engage in conduct of that kind, grant an injunction restraining the person from engaging in conduct of that kind; or

(b) if in the opinion of the court it is desirable to do so, grant an interim injunction restraining the person from engaging in conduct of that kind,—

whether or not the person has previously engaged in conduct of that kind and whether or not there is an imminent danger of substantial damage to any person if the first-mentioned person engages in conduct of that kind.

(5) If the Commission applies to the court for the grant of an in- terim injunction, the court must not, as a condition of grant- ing an interim injunction, require the Commission to give an undertaking as to damages.

(6) However, in determining the Commission’s application for the grant of an interim injunction, the court must not take into ac- count that the Commission is not required to give an undertak- ing as to damages. Compare: 1986 No 5 s 88A; Trade Practices Act 1974 s 80(1)–(5) (Aust) Section 41(5): added, on 8 July 2003, by section 10 of the Fair Trading Amend- ment Act 2003 (2003 No 31). Section 41(6): added, on 8 July 2003, by section 10 of the Fair Trading Amend- ment Act 2003 (2003 No 31). Section 41 compare note: amended, on 8 July 2003, by section 10 of the Fair Trading Amendment Act 2003 (2003 No 31).

42 Order to disclose information or publish advertisement (1) Where, on the application of the Commission, the court is

satisfied that a person has engaged in conduct constituting a contravention of any of the provisions of Parts 1 to 4, the court may (whether or not that person has previously engaged in such conduct), make either or both of the following orders: (a) an order requiring that person, or any other person in-

volved in the contravention, to disclose, at that person’s own expense, to the public, or to a particular person or to persons included in a particular class of persons, in such manner as is specified in the order, such informa- tion, or information of such a kind, as is so specified, being information that is in the possession of the person

Reprinted as at 1 April 2014 Fair Trading Act 1986 Part 5 s 43

to whom the order is directed or to which that person has access:

(b) an order requiring that person, or any other person in- volved in the contravention, to publish, at that person’s own expense, in such manner and at such times as are specified in the order, corrective statements the terms of which are specified in, or are to be determined in ac- cordance with, the order.

(2) The court may hear and determine an application under sub- section (1) in conjunction with any other proceedings under any of sections 40, 40A, 41, or 43.

(3) [Repealed] Compare: Trade Practices Act 1974 s 80A(1) (Aust) Section 42(2): added, on 8 July 2003, by section 11 of the Fair Trading Amend- ment Act 2003 (2003 No 31). Section 42(3): repealed, on 18December 2013, by section 31 of the Fair Trading Amendment Act 2013 (2013 No 143).

43 Other orders (1) This section applies if, in proceedings under this Part or on the

application of any person, a court or a Disputes Tribunal finds that a person (person A) has suffered, or is likely to suffer, loss or damage by conduct of another person (person B) that does or may constitute any of the following: (a) a contravention of a provision of Parts 1 to 4A (a rele-

vant provision): (b) aiding, abetting, counselling, or procuring a contraven-

tion of a relevant provision: (c) inducing by threats, promises, or otherwise a contraven-

tion of a relevant provision: (d) being in any way directly or indirectly knowingly con-

cerned in, or party to, a contravention of a relevant pro- vision:

(e) conspiring with any other person in the contravention of a relevant provision.

(2) The court or the Disputes Tribunal may make 1 or more of the orders described in subsection (3)—

Part 5 s 43 Fair Trading Act 1986 Reprinted as at 1 April 2014

(a) whether or not the court grants an injunction, or the court or the Disputes Tribunal makes any other order, under this Part; and

(b) whether or not person A made the application or is a party to the proceedings.

(3) The orders are as follows: (a) an order declaring all or part of a contract made between

person A and person B, or a collateral arrangement (for example, a collateral credit agreement) relating to such a contract,— (i) to be void; and (ii) if the court or the Disputes Tribunal thinks fit, to

have been void at all times on and after a date specified in the order, which may be before the date on which the order is made:

(b) if an order described in paragraph (a) is made in respect of a contract that is associated with a collateral credit agreement, an order vesting in person B all or any of the rights and obligations of person A under the collateral credit agreement:

(c) an order in respect of a contract made between person A and person B, or a collateral arrangement (for ex- ample, a collateral credit agreement) relating to such a contract,— (i) varying the contract or the arrangement in the

manner specified in the order; and (ii) if the court or the Disputes Tribunal thinks fit,

declaring the varied contract or arrangement to have had effect on and after a date specified in the order, which may be before the date on which the order is made:

(d) if an order described in paragraph (c) is made in re- spect of a contract that is associated with a collateral credit agreement, and if that order results in person A no longer having property in the goods that are the subject of the contract, an order vesting in person B the rights and obligations of person A under the collateral credit agreement:

Reprinted as at 1 April 2014 Fair Trading Act 1986 Part 5 s 43B

(e) an order directing person B to refund money or return property to person A:

(f) an order directing person B to pay to person A the amount of the loss or damage:

(g) an order directing person B, at person B’s own expense, to repair, or to provide parts for, goods that have been supplied by person B to person A:

(h) an order directing person B, at person B’s own expense, to supply specified goods or services to person A.

(4) In subsection (3)(a) to (d), collateral credit agreement, in relation to a contract for the supply of goods, means a contract or an agreement that— (a) is arranged or procured by the supplier of the goods; and (b) is for the provision of credit by a person other than the

supplier to enable person A to pay, or defer payment, for the goods.

(5) An order made under subsection (3)(a) to (d) does not prevent proceedings being instituted or commenced under this Part.

(6) This section does not limit or affect— (a) the Illegal Contracts Act 1970; or (b) section 317 of the Accident Compensation Act 2001. Section 43: replaced, on 18 December 2013, by section 32 of the Fair Trading Amendment Act 2013 (2013 No 143).

43A Application for order under section 43 A person may apply to a court or a Disputes Tribunal for an order under section 43 at any time within 3 years after the date on which the loss or damage, or the likelihood of loss or damage, was discovered or ought reasonably to have been discovered. Section 43A: inserted, on 18 December 2013, by section 32 of the Fair Trading Amendment Act 2013 (2013 No 143).

43B Limits on jurisdiction of District Court and Disputes Tribunal to make orders under section 43

(1) A District Court must not make an order under section 43 if a value or amount described in subsection (3) exceeds $200,000 or, if greater, the amount specified in section 29 of the District Courts Act 1947.

Part 5 s 44 Fair Trading Act 1986 Reprinted as at 1 April 2014

(2) A Disputes Tribunal must not make an order under section 43 if a value or amount described in subsection (3) exceeds whichever is the greatest of the following: (a) $15,000: (b) the amount specified in section 10(1A)(b) of the Dis-

putes Tribunals Act 1988: (c) the amount specified in section 13(2) of the Disputes

Tribunals Act 1988, if the jurisdiction of the Disputes Tribunal is extended by an agreement between the par- ties under section 13 of that Act.

(3) The values and amounts are as follows: (a) in the case of an order under section 43(3)(a) or (c), the

value of the consideration for the promise or act of any party to the contract or collateral arrangement referred to in that paragraph:

(b) in the case of an order under section 43(3)(e) directing a person to refund money or return property, the amount of money or the value of the property:

(d) in the case of an order under section 43(3)(g) directing a person to repair goods or to provide parts for goods, the value of the work required to repair the goods, or the value of the parts, as the case may be:

(e) in the case of an order under section 43(3)(h) directing a person to supply services, the value of the services.

Section 43B: inserted, on 18 December 2013, by section 32 of the Fair Trading Amendment Act 2013 (2013 No 143).

44 Defences (1) Subject to this section, it is a defence to a prosecution for an

offence against section 40 if the defendant proves— (a) that the contravention was due to a reasonable mistake;

or (b) that the contravention was due to reasonable reliance on

information supplied by another person; or (c) that—

Reprinted as at 1 April 2014 Fair Trading Act 1986 Part 5 s 44

(i) the contravention was due to the act or default of another person, or to an accident or to some other cause beyond the defendant’s control; and

(ii) the defendant took reasonable precautions and exercised due diligence to avoid the contraven- tion.

(2) For the purposes of subsection (1)(b) and (c), the term another person does not include— (a) a servant or agent of the defendant; or (b) where the defendant is a body corporate, a director, ser-

vant or agent of the defendant. (3) A defendant is not, without the leave of the District Court,

entitled to rely on the defence provided by subsection (1)(b) that the contravention was due to reasonable reliance on infor- mation supplied by another person, or by subsection (1)(c)(i) that the contravention was due to the act or default of another person, unless the defendant has, not later than 7 days before the date on which the hearing of the proceedings commences, served on the prosecutor a notice in writing identifying that person.

(4) It is a defence to a prosecution for an offence against section 40, or to any other proceedings under this Part, in relation to a contravention of a provision of this Act committed by the publication of an advertisement, if the defendant proves— (a) that the defendant’s business is publishing or arranging

for the publication of advertisements; and (b) that the defendant received the advertisement, or the in-

formation contained in the advertisement, as the case may be, in the ordinary course of that business and did not know and had no reason to suspect that the pub- lication of the advertisement or the publication of the advertisement containing that information, as the case may be, would constitute a contravention of the provi- sion.

(5) Subject to subsection (6), it is a defence to a prosecution for an offence against section 40, or to any other proceedings under this Part, in relation to a contravention of section 28, if the defendant proves—

Part 5 s 45 Fair Trading Act 1986 Reprinted as at 1 April 2014

(a) that the goods to which the proceedings relate were acquired by the defendant for the purpose of resupply from a person (not being an agent of a person outside New Zealand) who carried on in New Zealand the busi- ness of supplying such goods; and

(b) that the defendant did not know, and could not with rea- sonable diligence have ascertained, that the goods did not comply with the consumer information standard or that the defendant had not complied with that standard in relation to the goods, as the case may be, or that the defendant relied in good faith on a representation by the person from whom the defendant acquired the goods that a consumer information standard had not been pre- scribed for those goods.

(6) A defendant is not, without the leave of the District Court, entitled to rely on any defence provided by subsection (5) un- less the defendant has, not later than 7 days before the date on which the hearing of the proceedings commences, served, in the case of proceedings for an offence, on the prosecutor, and in the case of any other proceedings, on the person com- mencing those proceedings, a notice in writing identifying the person by whom the goods were supplied. Compare: Trade Practices Act 1974 s 85(1)–(5) (Aust) Section 44(3): amended, on 1 July 2013, by section 413 of the Criminal Pro- cedure Act 2011 (2011 No 81). Section 44(5): amended, on 8 July 2003, by section 12 of the Fair Trading Amendment Act 2003 (2003 No 31). Section 44(6): amended, on 1 July 2013, by section 413 of the Criminal Pro- cedure Act 2011 (2011 No 81).

45 Conduct by servants or agents (1) Where, in proceedings under this Part in respect of any con-

duct engaged in by a body corporate, being conduct in relation to which any of the provisions of this Act applies, it is neces- sary to establish the state of mind of the body corporate, it is sufficient to show that a director, servant or agent of the body corporate, acting within the scope of that person’s actual or apparent authority, had that state of mind.

(2) Any conduct engaged in on behalf of a body corporate—

Reprinted as at 1 April 2014 Fair Trading Act 1986 Part 5 s 46

(a) by a director, servant, or agent of the body corporate, acting within the scope of that person’s actual or appar- ent authority; or

(b) by any other person at the direction or with the consent or agreement (whether express or implied) of a director, servant, or agent of the body corporate, given within the scope of the actual or apparent authority of the director, servant or agent—

shall be deemed, for the purposes of this Act, to have been engaged in also by the body corporate.

(3) Where, in a proceeding under this Part in respect of any con- duct engaged in by a person other than a body corporate, being conduct in relation to which a provision of this Act applies, it is necessary to establish the state of mind of the person, it is sufficient to show that a servant or agent of the person, acting within the scope of that person’s actual or apparent authority, had that state of mind.

(4) Any conduct engaged in on behalf of a person other than a body corporate— (a) by a servant or agent of the person acting within the

scope of that person’s actual or apparent authority; or (b) by any other person at the direction or with the consent

or agreement (whether express or implied) of a servant or agent of the first-mentioned person, given within the scope of the actual or apparent authority of the servant or agent—

shall be deemed, for the purposes of this Act, to have been engaged in also by the first-mentioned person.

(5) A reference in this section to the state of mind of a person in- cludes a reference to the knowledge, intention, opinion, belief or purpose of the person and the person’s reasons for that in- tention, opinion, belief or purpose. Compare: Trade Practices Act 1974 s 84 (Aust)

46 Finding in proceedings to be evidence In any application for an order against a person under section 43, a finding of any fact made in proceedings for an injunction under section 41 or for an order under section 40A or section 42, or for an offence under section 40, being proceedings be-

Part 5 s 46A Fair Trading Act 1986 Reprinted as at 1 April 2014

fore the High Court or a District Court in which that person was found to have engaged in conduct of the kind referred to in section 43(1)(a) to (e) is prima facie evidence of that fact and the finding may be proved by production of a document under the seal of the High Court or a District Court, as the case may be, in which the finding was made. Compare: Trade Practices Act 1974 s 83 (Aust) Section 46: amended, on 18 December 2013, by section 34 of the Fair Trading Amendment Act 2013 (2013 No 143). Section 46: amended, on 8 July 2003, by section 13 of the Fair Trading Amend- ment Act 2003 (2003 No 31).

Enforceable undertakings Heading: inserted, on 18 December 2013, by section 35 of the Fair Trading Amendment Act 2013 (2013 No 143).

46A Commission may accept undertakings (1) The Commission may accept a written undertaking given by,

or on behalf of, a person in connection with anymatter relating to the enforcement of this Act.

(2) The person may withdraw or vary the undertaking with the consent of the Commission. Compare: 1978 No 103 s 69J Section 46A: inserted, on 18 December 2013, by section 35 of the Fair Trading Amendment Act 2013 (2013 No 143).

46B Enforcement of undertakings (1) If the Commission considers that a person who has given an

undertaking under section 46A has breached a term of that undertaking, the Commission may apply to the court for an order under subsection (2).

(2) The court maymake any of the following orders if it is satisfied that the person has breached a term of the undertaking: (a) an order directing the person to comply with the term: (b) an order directing the person to pay to the Crown an

amount not exceeding the amount of any financial bene- fit that the person has obtained directly or indirectly and that is reasonably attributable to the breach:

Reprinted as at 1 April 2014 Fair Trading Act 1986 Part 5 s 46C

(c) any order that the court thinks appropriate directing the person to compensate any other personwho has suffered loss or damage as a result of the breach:

(d) an order for any consequential relief that the court thinks appropriate.

Compare: 1978 No 103 s 69K Section 46B: inserted, on 18 December 2013, by section 35 of the Fair Trading Amendment Act 2013 (2013 No 143).

Management banning orders Heading: inserted, on 18 December 2013, by section 35 of the Fair Trading Amendment Act 2013 (2013 No 143).

46C Management banning orders (1) A District Court may make a management banning order

against an individual who— (a) has, on at least 2 separate occasions within a 10-year

period (whether before or after this section comes into force), committed an offence against section 40(1) or (1A); or

(b) is, or was at the time of the commission of the offence, a director of, or concerned in the management of, an incorporated or unincorporated body that has, on at least 2 separate occasions within a 10-year period (whether before or after this section comes into force), committed an offence against section 40(1) or (1A); or

(c) has been prohibited by an overseas jurisdiction, in con- nection with the contravention of any law relating to fair trading, from carrying on activities that are substantially similar to those referred to in section 46D.

(2) The court may make the order only if it is satisfied that the order is necessary to protect the public from the risk that the person, or any incorporated or unincorporated body of which the person is a director, or themanagement of which the person is concerned in, will commit further offences against section 40(1) or (1A). Section 46C: inserted, on 18 December 2013, by section 35 of the Fair Trading Amendment Act 2013 (2013 No 143).

Part 5 s 46D Fair Trading Act 1986 Reprinted as at 1 April 2014

46D Terms of management banning orders A management banning order must prohibit the person to whom it applies from being, without the leave of a District Court, a director of, or being in any way (whether directly or indirectly) concerned in or taking part in the management of, an incorporated or unincorporated body that carries on business in New Zealand, for a period specified in the order, which must be no more than 10 years. Compare: 1978 No 103 s 60B Section 46D: inserted, on 18 December 2013, by section 35 of the Fair Trading Amendment Act 2013 (2013 No 143).

46E Offence to breach management banning order A person who breaches a management banning order made against him or her commits an offence and is liable on sum- mary conviction to a fine not exceeding $60,000. Section 46E: inserted, on 18 December 2013, by section 35 of the Fair Trading Amendment Act 2013 (2013 No 143).

46F Procedures relating to management banning order (1) An application for a management banning order may be made

only by the Commission. (2) The Commission, and any other persons that the court thinks

fit, may attend and be heard at the hearing of the application. (3) A copy of every management banning order must be given

to— (a) the person concerned; and (b) the Commission; and (c) the Registrar of Companies.

(4) The Commission must publish every management banning order made under section 46C in the Gazette as soon as prac- ticable after it is made. Compare: 1978 No 103 s 60F Section 46F: inserted, on 18 December 2013, by section 35 of the Fair Trading Amendment Act 2013 (2013 No 143).

46G Seeking leave of court (1) An application for leave of a District Court under section 46D

must be by way of originating application.

Reprinted as at 1 April 2014 Fair Trading Act 1986 Part 6 s 47

(2) The Commission, and any other persons that the court thinks fit, may attend and be heard at the hearing of the application. Compare: 1978 No 103 s 60F Section 46G: inserted, on 18 December 2013, by section 35 of the Fair Trading Amendment Act 2013 (2013 No 143).

Part 6 Miscellaneous provisions

47 Power to search (1) The Commission may, from time to time, authorise an em-

ployee of the Commission to search, under a warrant issued under subsection (2), any place named in the warrant for any of the purposes set out in that subsection.

(2) An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012) may, by warrant, author- ise a person who is authorised under subsection (1) to search a place specified in the warrant if he or she is satisfied on ap- plication made in the manner provided for an application for a search warrant in subpart 3 of Part 4 of that Act by that employee that there are reasonable grounds to believe that a search is necessary for the purpose of— (a) investigating—

(i) whether a person has engaged in, or is engaging in, conduct that constitutes, or may constitute, a contravention of this Act; or

(ii) the nature or extent of any conduct that consti- tutes, or may constitute, a contravention of this Act; or

(b) gathering, obtaining, or recovering evidence of— (i) conduct that constitutes, or may constitute, a

contravention of this Act; or (ii) the nature or extent of any conduct that consti-

tutes, or may constitute, a contravention of this Act.

(3) Part 4 of the Search and Surveillance Act 2012 (except sec- tions 118 and 119) applies.

(4) For the purpose of allowing the Commission to provide, under section 48I, compulsorily acquired information and investiga-

Part 6 s 47A Fair Trading Act 1986 Reprinted as at 1 April 2014

tive assistance to a recognised overseas regulator, every ref- erence in this section to a contravention of this Act must be taken to include a reference to a contravention of any foreign enactment that is identified (as required by section 48G(1)(b)) in the co-operation arrangement concerning that recognised overseas regulator. Section 47: substituted, on 1 July 1990, by section 3 of the Fair Trading Amend- ment Act 1990 (1990 No 42). Section 47(1): substituted, on 8 July 2003, by section 14 of the Fair Trading Amendment Act 2003 (2003 No 31). Section 47(2): substituted, on 8 July 2003, by section 14 of the Fair Trading Amendment Act 2003 (2003 No 31). Section 47(2): amended, on 1 October 2012, by section 316(2)(a) of the Search and Surveillance Act 2012 (2012 No 24). Section 47(2): amended, on 1 October 2012, by section 316(2)(b) of the Search and Surveillance Act 2012 (2012 No 24). Section 47(3): replaced, on 1 October 2012, by section 316(3) of the Search and Surveillance Act 2012 (2012 No 24). Section 47(4): inserted, on 24 October 2012, by section 4 of the Fair Trading (International Co-operation) Amendment Act 2012 (2012 No 86).

47A Powers conferred by warrant [Repealed] Section 47A: repealed, on 1 October 2012, by section 316(4) of the Search and Surveillance Act 2012 (2012 No 24).

47B Warrant to be produced [Repealed] Section 47B: repealed, on 1 October 2012, by section 316(4) of the Search and Surveillance Act 2012 (2012 No 24).

47C Other duties of person who executes a warrant [Repealed] Section 47C: repealed, on 1 October 2012, by section 316(4) of the Search and Surveillance Act 2012 (2012 No 24).

47D Duty to assist [Repealed] Section 47D: repealed, on 1 October 2012, by section 316(4) of the Search and Surveillance Act 2012 (2012 No 24).

Reprinted as at 1 April 2014 Fair Trading Act 1986 Part 6 s 47G

47E Power to inspect documents and goods [Repealed] Section 47E: repealed, on 1 October 2012, by section 316(4) of the Search and Surveillance Act 2012 (2012 No 24).

47F Offence to resist, obstruct, or delay (1) Every person commits an offence who resists, obstructs, or

delays— (a) any product safety officer exercising a power under sec-

tion 33C or 33D; or (b) any authorised person acting pursuant to a warrant is-

sued under section 47; or (c) any authorised employee exercising a power under sec-

tion 47L. (2) A person who commits an offence against this section is liable

on conviction to a fine not exceeding $10,000 in the case of an individual, or $30,000 in the case of a body corporate. Section 47F: replaced, on 18 December 2013, by section 37 of the Fair Trading Amendment Act 2013 (2013 No 143).

47G Commission may require person to supply information or documents or give evidence

(1) If the Commission considers it necessary or desirable for the purposes of carrying out its functions and exercising its powers under this Act, the Commission may, by notice in writing served on any person, require that person— (a) to supply to the Commission, by writing signed by that

person or, in the case of a body corporate, by a director or competent employee or agent of the body corporate, within the time and in themanner specified in the notice, any information or class of information specified in the notice; or

(b) to supply to the Commission, or to a person specified in the notice acting on its behalf in accordance with the notice, any document or class of documents specified in the notice; or

Part 6 s 47H Fair Trading Act 1986 Reprinted as at 1 April 2014

in writing, and supply any document or class of docu- ments specified in the notice.

(2) Every person who is required to supply information or docu- ments to the Commission has the same privileges in relation to the supply of the information or documents as witnesses have in any court.

(3) No person is excused from complying with a requirement to supply information or documents, or to appear before the Commission, on the ground that to do so might tend to incriminate the person.

(4) A statement made by a person in answer to a question put by or before the Commission is not admissible against the person in criminal proceedings other than proceedings for a charge of perjury against the maker of the statement or in proceedings on a charge of an offence against section 47J.

(5) Subsections (3) and (4) prevail over subsection (2). Compare: 1986 No 5 s 98; 1994 No 143 s 138(2) Section 47G: inserted, on 8 July 2003, by section 15 of the Fair Trading Amend- ment Act 2003 (2003 No 31). Section 47G heading: amended, on 18 December 2013, by section 38(1) of the Fair Trading Amendment Act 2013 (2013 No 143). Section 47G(1)(b): amended, on 18 December 2013, by section 38(2) of the Fair Trading Amendment Act 2013 (2013 No 143). Section 47G(1)(c): inserted, on 18 December 2013, by section 38(2) of the Fair Trading Amendment Act 2013 (2013 No 143). Section 47G(3): inserted, on 18 December 2013, by section 38(3) of the Fair Trading Amendment Act 2013 (2013 No 143). Section 47G(4): inserted, on 18 December 2013, by section 38(3) of the Fair Trading Amendment Act 2013 (2013 No 143). Section 47G(5): inserted, on 18 December 2013, by section 38(3) of the Fair Trading Amendment Act 2013 (2013 No 143).

47H Notices (1) Any notice given by the Commission under section 47G is

sufficiently given if— (a) it is in writing; and (b) it is—

(i) under the seal of the Commission; or (ii) signed by the Chairman of the Commission; or

Reprinted as at 1 April 2014 Fair Trading Act 1986 Part 6 s 47I

(iii) signed by 1 or more of the members of the Com- mission; or

(iv) signed by any person purporting to act by direc- tion of the Commission; and

(c) it is served in accordance with section 47I on the person or persons primarily concerned or on any person or or- ganisation considered by the Commission to represent the person or persons primarily concerned.

(2) In all courts and in all proceedings under this Act, notices given under section 47G that purport to be signed by, or on behalf of, the Commission or to be sealed with the seal of the Commission must be treated as having been signed or sealed with due authority in accordance with subsection (1)(b) unless the contrary is proved. Compare: 1986 No 5 s 101 Section 47H: inserted, on 8 July 2003, by section 15 of the Fair Trading Amend- ment Act 2003 (2003 No 31).

47I Service of notices (1) Any notice that is authorised to be served on, or given to, any

person for the purposes of section 47Gmay be served or given by— (a) delivering it to that person; or (b) leaving it at—

(i) his or her usual or last known place of residence or business; or

(ii) at the address specified by him or her in any no- tice, application, or other document made, given, or tendered to the Commission under this Act; or

(2) If any notice is sent to any person by registered letter, then,— (a) unless the contrary is proved, the notice must be treated

as having been delivered to him or her when it would have been delivered in the ordinary course of post; and

(b) in proving the delivery, it is sufficient to prove that the letter was properly addressed and posted.

(3) If the notice is required to be served on an association or body of persons,—

Part 6 s 47J Fair Trading Act 1986 Reprinted as at 1 April 2014

(a) the notice may be served on the secretary, executive of- ficer, manager, or other officer holding a similar position in the association or body; and

(b) service on the association or body must, unless other- wise directed by the Commission, be treated as service on all persons who are members of the association or body, or who are represented on the association or body by those members.

Compare: 1986 No 5 s 102 Section 47I: inserted, on 8 July 2003, by section 15 of the Fair Trading Amend- ment Act 2003 (2003 No 31).

47J Offence to contravene section 47G (1) No person may,—

(a) without reasonable excuse, refuse or fail to comply with a notice under section 47G; or

(b) in purported compliance with the notice, supply infor- mation, or supply a document, knowing it to be false or misleading.

(2) Every person who contravenes subsection (1) commits an offence and is liable on conviction to a fine not exceeding $10,000 in the case of an individual, or $30,000 in the case of a body corporate.

(3) [Repealed] Compare: 1986 No 5 s 103 Section 47J: inserted, on 8 July 2003, by section 15 of the Fair Trading Amend- ment Act 2003 (2003 No 31). Section 47J(2): amended, on 1 July 2013, by section 413 of the Criminal Pro- cedure Act 2011 (2011 No 81). Section 47J(3): repealed, on 1 July 2013, by section 413 of the Criminal Pro- cedure Act 2011 (2011 No 81).

47K Commission may authorise employees for monitoring and enforcement purposes

(1) The Commission may authorise any employee (an authorised employee) to monitor and enforce compliance with any or all of the following: (a) consumer information standards: (b) product safety standards: (c) unsafe goods notices:

Reprinted as at 1 April 2014 Fair Trading Act 1986 Part 6 s 47L

(d) suspension of supply notices: (e) services safety standards.

(2) Every employee so authorised must be issued with a certificate as evidence of the person’s appointment.

(3) The certificate must be in a form determined by the Commis- sion and contain— (a) a reference to this section; and (b) the full name of the authorised employee; and (c) a reference to the powers conferred on the authorised

employee under section 47L; and (d) a statement of the powers (if any) of the authorised em-

ployee under the Search and Surveillance Act 2012. Section 47K: inserted, on 18 December 2013, by section 39 of the Fair Trading Amendment Act 2013 (2013 No 143).

47L Powers of authorised employees (1) In this section,—

place means any place that an authorised employee believes on reasonable grounds is a place at which consumers have access to relevant goods or services, or from which relevant goods are dispatched to consumers relevant goods or services means goods or services to which any consumer information standards, product safety standards, unsafe goods notices, suspension of supply notices, or services safety standards apply.

(2) An authorised employee may enter and inspect a place (not being a dwellinghouse), without a warrant, for the purpose of monitoring or enforcing compliance with any consumer infor- mation standards, product safety standards, unsafe goods no- tices, suspension of supply notices, or services safety stand- ards that apply to any relevant goods.

(3) While at the place, an authorised employee may, for the pur- pose described in subsection (2), do any of the following: (a) with respect to any goods at the place that are available

to consumers for supply or that are dispatched for sup- ply, inspect the goods, photograph them, and purchase them at the price for which they are currently offered for sale:

Part 6 s 47L Fair Trading Act 1986 Reprinted as at 1 April 2014

(b) require the person at the place who appears to be in charge of the supply or dispatch of relevant goods or services at the time (the person in charge) to give his or her name and show to the authorised employee identi- fication sufficient to confirm that the name given is cor- rect:

(c) require the person in charge to give the authorised em- ployee any information about the goods or services that is normally disclosed to a consumer to whom the goods or services are supplied or dispatched:

(d) require the person in charge to identify the person from whom relevant goods were acquired:

(e) if relevant goods have, within a specified period, been supplied in trade to another person other than by retail, require the person in charge to identify the person or persons to whom they have been supplied during that period:

(f) require any person by whom any relevant goods are car- ried for delivery pursuant to, or in connection with, a contract for sale, to give— (i) his or her name and address; and (ii) the name and address of his or her employer (if

any); and (iii) the name and address of the owner of the goods,

if known: (g) issue an infringement notice, on behalf of the Commis-

sion, under section 40D. (4) If an authorised employee enters a dwellinghouse with the per-

mission of the occupier or under a warrant issued under sub- section (5), the authorised employee may, for the purpose de- scribed in subsection (2), exercise the powers listed in subsec- tion (3).

(5) An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012) may, by warrant, authorise an authorised employee to enter and inspect a dwellinghouse or any other place specified in the warrant if the issuing officer is satisfied, on application made in accordance with subsection (6), that there are reasonable grounds to believe that a search

Reprinted as at 1 April 2014 Fair Trading Act 1986 Part 6 s 48

of the place is necessary for the purpose described in subsec- tion (2).

(6) The application for a warrant must be made in writing in the manner provided for an application for a search warrant in subpart 3 of Part 4 of the Search and Surveillance Act 2012.

(7) Part 4 of the Search and Surveillance Act 2012 (except sec- tions 118 and 119) applies. Section 47L: inserted, on 18 December 2013, by section 39 of the Fair Trading Amendment Act 2013 (2013 No 143).

48 Proceedings privileged (1) No proceedings, civil or criminal, shall lie against the Com-

mission for anything it may do or fail to do in the course of the exercise or intended exercise of its functions under this Act unless it is shown that the Commission acted without reason- able care or in bad faith.

(2) No proceedings, civil or criminal, lie against any member of the Commission, or any officer or employee of the Commis- sion, or any member of a committee of the Commission, for anything that person may do or say or fail to do or say in the course of the operations of the Commission, unless it is shown that the person acted in bad faith.

(3) Nothing in subsections (1) and (2) applies in respect of pro- ceedings for— (a) an offence against section 78 or section 78A or section

105 or section 105A of the Crimes Act 1961; or (b) the offence of conspiring to commit an offence against

section 78 or section 78A or section 105 or section 105A of the Crimes Act 1961; or

(c) the offence of attempting to commit an offence against section 78 or section 78A or section 105 or section 105A of the Crimes Act 1961.

(4) Section 59(3) of the Crown Entities Act 2004 (which provides that a statutory entity may bring an action against a member for breach of an individual duty) does not apply, unless it is shown by the Commission that the person acted in bad faith.

(5) Sections 122 to 126 of the Crown Entities Act 2004 apply as if the conduct for which a person may be indemnified or insured

Part 6 s 48A Fair Trading Act 1986 Reprinted as at 1 April 2014

under those sections were conduct that is covered by the pro- tection from liability in this section.

(6) This section contains an exception to section 121 of the Crown Entities Act 2004. Section 48(2): substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115). Section 48(4): added, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115). Section 48(5): added, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115). Section 48(6): added, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

48A Sharing of information and documents with Financial Markets Authority or Takeovers Panel

(1) The Commission may provide to the Financial Markets Au- thority or the Takeovers Panel any information, or a copy of any document, that the Commission— (a) holds in relation to the exercise of the Commission’s

powers, or the performance of its functions and duties, in respect of this Act; and

(b) considers may assist the Financial Markets Authority or the Takeovers Panel in the exercise of its powers, or the performance of its functions and duties, under the Financial Markets Authority Act 2011, any enactment listed in Schedule 1 of that Act, the Takeovers Act 1993, or the Takeovers Code in force under that Act.

(2) The Commission may use any information, or a copy of any document, provided to it by the Financial Markets Authority under section 30 of the Financial Markets Authority Act 2011 or by the Takeovers Panel under section 15B of the Takeovers Act 1993 in the Commission’s exercise of its powers, or the performance of its functions and duties, in respect of this Act.

(3) This section applies despite anything to the contrary in any contract, deed, or document.

(4) Nothing in this section limits the Privacy Act 1993. Section 48A: substituted, on 1May 2011, by section 82 of the FinancialMarkets Authority Act 2011 (2011 No 5).

Reprinted as at 1 April 2014 Fair Trading Act 1986 Part 6 s 48C

48B Purpose of sections 48C to 48O (which relate to assistance to overseas regulators) The purpose of sections 48C to 48O is— (a) to provide for when and how the Commission may pro-

vide compulsorily acquired information and investiga- tive assistance to overseas regulators; and

(b) to clarify other matters relating to sharing other kinds of information with overseas regulators.

Section 48B: inserted, on 24 October 2012, by section 5 of the Fair Trading (International Co-operation) Amendment Act 2012 (2012 No 86).

48C Definitions of terms used in sections 48B to 48O In sections 48B to 48O, unless the context otherwise re- quires,— co-operation arrangement means an arrangement concern- ing the Commission and an overseas regulator that is entered into under section 48E (a government-to-government co-op- eration arrangement) or section 48F (a regulator-to-regulator co-operation arrangement) for— (a) the provision by the Commission of compulsorily ac-

quired information and investigative assistance to the overseas regulator; and

(b) the provision by the overseas regulator of information and investigative assistance to the Commission

compulsorily acquired information means information that— (a) is acquired by the Commission, whether before or after

this section comes into force, as a result of, or in relation to, the exercise by the Commission of any of its powers under section 47 or 47G, or any power incidental to those powers; and

(b) is not in the public domain investigative assistance includes providing assistance by way of exercising any power of the Commission under, or in rela- tion to, section 47 or 47G, and any powers incidental to those powers overseas regulatormeans an overseas body that has fair trad- ing law functions corresponding to those of the Commission under this Act

Part 6 s 48D Fair Trading Act 1986 Reprinted as at 1 April 2014

recognised overseas regulator means an overseas regulator that is the subject of a co-operation arrangement. Section 48C: inserted, on 24 October 2012, by section 5 of the Fair Trading (International Co-operation) Amendment Act 2012 (2012 No 86).

48D Restrictions on providing compulsorily acquired information and investigative assistance The Commission must not provide compulsorily acquired in- formation or investigative assistance to an overseas regulator unless the information or assistance is provided— (a) to a recognised overseas regulator in accordance with a

co-operation arrangement; and (b) in accordance with sections 48I to 48K. Section 48D: inserted, on 24 October 2012, by section 5 of the Fair Trading (International Co-operation) Amendment Act 2012 (2012 No 86).

48E Government-to-government co-operation arrangements (1) The Minister may, on behalf of the Government of New

Zealand, enter into a co-operation arrangement concerning an overseas regulator with— (a) the government of the country in which the overseas

regulator is established; or (b) if the overseas regulator is established by an inter-

national body, the governing body of that international body.

(2) Before entering into a co-operation arrangement concerning an overseas regulator, the Minister must— (a) have regard to the legal framework relating to the use of

compulsorily acquired information in the jurisdiction of the overseas regulator; and

(b) have regard to the potential consequences for New Zealand consumers and businesses of providing com- pulsorily acquired information or investigative assist- ance to the overseas regulator; and

(3) The Minister must not enter into a co-operation arrangement unless he or she is satisfied that entering into the arrange-

Reprinted as at 1 April 2014 Fair Trading Act 1986 Part 6 s 48G

ment is not inconsistent with any of NewZealand’s obligations under international agreements, conventions, or treaties. Section 48E: inserted, on 24 October 2012, by section 5 of the Fair Trading (International Co-operation) Amendment Act 2012 (2012 No 86).

48F Regulator-to-regulator co-operation arrangements (1) The Commission may, with the prior written approval of the

Minister, enter into a co-operation arrangement with an over- seas regulator.

(2) TheMinister may not give approval to a co-operation arrange- ment under this section unless the Minister— (a) has had regard to the matters specified in section

48E(2)(a) and (b) and has consulted as specified in section 48E(2)(c); and

(b) is satisfied of the matter specified in section 48E(3). Section 48F: inserted, on 24 October 2012, by section 5 of the Fair Trading (International Co-operation) Amendment Act 2012 (2012 No 86).

48G Content of co-operation arrangements (1) Every co-operation arrangement must—

(a) identify the overseas regulator that it concerns; and (b) identify the foreign enactments in connection with

which the recognised overseas regulator may seek compulsorily acquired information and investigative assistance from the Commission; and

(c) set out how any compulsorily acquired information that is provided may be used by the overseas regulator, and how it is to be kept secure.

(2) A co-operation arrangement may also— (a) provide for the reimbursement of the Commission for

costs incurred in providing the information or assist- ance; and

(b) include other conditions on the provision of compulso- rily acquired information or investigative assistance.

Section 48G: inserted, on 24 October 2012, by section 5 of the Fair Trading (International Co-operation) Amendment Act 2012 (2012 No 86).

Part 6 s 48H Fair Trading Act 1986 Reprinted as at 1 April 2014

48H Procedures relating to co-operation arrangements (1) Every co-operation arrangement must be in writing and be

signed by,— (a) in the case of a government-to-government co-oper-

ation arrangement entered into under section 48E, the Minister and the person occupying, with respect to the overseas regulator, an equivalent position to that of the Minister, or any other person that the relevant govern- ment or governing body considers appropriate:

(b) in the case of a regulator-to-regulator co-operation ar- rangement entered into under section 48F, the chairper- son of the Commission and the person occupying the equivalent position in relation to the overseas regulator.

(2) No later than 15 working days after a co-operation arrange- ment is entered into,— (a) the Minister or the Commission, as appropriate, must

publish a notice in the Gazette that— (i) states that the arrangement has been entered into;

and (ii) identifies the overseas regulator concerned; and (iii) identifies the parties to the arrangement; and (iv) states when the arrangement comes into effect;

and (b) the Commission must publish a copy of the co-oper-

ation arrangement on its Internet site, and must keep it there while the arrangement continues in force.

(3) Subsections (1) and (2) apply with all necessary modifications to every amendment to a co-operation arrangement. Section 48H: inserted, on 24 October 2012, by section 5 of the Fair Trading (International Co-operation) Amendment Act 2012 (2012 No 86).

48I Providing compulsorily acquired information and investigative assistance

(1) Following a request by a recognised overseas regulator made in accordance with a co-operation arrangement, the Commis- sion may do either or both of the following: (a) provide compulsorily acquired information to the

recognised overseas regulator:

Reprinted as at 1 April 2014 Fair Trading Act 1986 Part 6 s 48I

(b) provide investigative assistance to the recognised over- seas regulator.

(2) Before providing compulsorily acquired information or inves- tigative assistance under subsection (1), the Commission must be satisfied that— (a) providing the information or assistance will, or is likely

to, assist the recognised overseas regulator in perform- ing its functions or exercising its powers in relation to fair trading law; and

(b) the provision of the information or assistance will not be inconsistent with the co-operation arrangement; and

(c) the provision of the information or assistance will not significantly prejudice New Zealand’s international trade interests.

(3) If the Commission considers, after consultation with the Min- istry of Foreign Affairs and Trade, that a request for compulso- rily acquired information or investigative assistance may have significant trade consequences for New Zealand, the Commis- sion must refer the matter to the Minister of Trade.

(4) If a request is referred to the Minister of Trade, the Commis- sion is deemed to be satisfied for the purpose of subsection (2)(c) only if the Minister of Trade states, in writing, that he or she is satisfied that the provision of the information or as- sistance will not significantly prejudice New Zealand’s inter- national trade interests.

(5) In considering whether to provide information or investigative assistance under a co-operation arrangement, the Commission must also consider— (a) whether complying with the request will substantially

affect the Commission’s ability to perform its other functions under this Act or any other enactment; and

(b) whether the recognised overseas regulator could more conveniently obtain the information or assistance from another source; and

(c) whether the request would, in the opinion of the Com- mission, bemore appropriately dealt with under theMu- tual Assistance in Criminal Matters Act 1992.

Section 48I: inserted, on 24 October 2012, by section 5 of the Fair Trading (International Co-operation) Amendment Act 2012 (2012 No 86).

Part 6 s 48J Fair Trading Act 1986 Reprinted as at 1 April 2014

48J Conditions on providing compulsorily acquired information and investigative assistance

(1) If the Commission provides compulsorily acquired informa- tion or investigative assistance to a recognised overseas regu- lator, the Commission may impose conditions on such provi- sion, including conditions relating to— (a) maintaining the confidentiality of information; and (b) the storage or use of, or access to, anything provided;

and (c) the copying, returning, or disposal of copies of anything

provided; and (d) the payment of costs incurred by the Commission in

providing anything or in otherwise complying with a request for information or investigative assistance.

(2) The Commission must not provide compulsorily acquired in- formation that was given by a person whom the information might tend to incriminate unless the recognised overseas regu- lator gives a written undertaking— (a) that it will not use the information as evidence—

(i) in criminal proceedings against the person (other than in proceedings in respect of the falsity of the person’s testimony); or

(ii) in proceedings against the person for a pecuniary penalty or any equivalent proceedings; and

(b) that, to the extent that it is within the ability of the over- seas regulator to do so, it will ensure that the informa- tion is not used by any other person, authority, or agency as evidence in proceedings referred to in paragraph (a).

Section 48J: inserted, on 24 October 2012, by section 5 of the Fair Trading (International Co-operation) Amendment Act 2012 (2012 No 86).

48K Notice to persons affected by provision of information (1) If the Commission provides any compulsorily acquired infor-

mation to a recognised overseas regulator, the Commission must, as soon as practicable after providing the information, notify the following people that the information has been pro- vided: (a) the person from whom the information was acquired: (b) every person to whom the information relates.

Reprinted as at 1 April 2014 Fair Trading Act 1986 Part 6 s 48M

(2) However, the Commission need not notify a person as required by subsection (1) if— (a) giving notice might compromise any investigation con-

ducted, or to be conducted, by the Commission or any overseas regulator; or

(b) giving notice would prejudice the maintenance of the law (including the prevention, investigation, and detec- tion of offences, and the right to a fair trial) in New Zealand or elsewhere; or

Section 48K: inserted, on 24 October 2012, by section 5 of the Fair Trading (International Co-operation) Amendment Act 2012 (2012 No 86).

48L Reporting on use of co-operation arrangements The Commission’s annual report must report on the use and operation of co-operation arrangements during the period covered by the report, and include information on— (a) the number and general nature of requests for informa-

tion and investigative assistance received from recog- nised overseas regulators; and

(b) the number and general nature of requests for informa- tion and investigative assistance that the Commission has made to recognised overseas regulators.

Section 48L: inserted, on 24 October 2012, by section 5 of the Fair Trading (International Co-operation) Amendment Act 2012 (2012 No 86).

48M Sharing of non-compulsorily acquired information not affected Except to the extent that non-compulsorily acquired informa- tion is dealt with in a co-operation arrangement, the ability of the Commission to provide non-compulsorily acquired infor- mation to an overseas regulator is not affected by— (a) sections 48B to 48L; or (b) whether or not the overseas regulator is a recognised

overseas regulator. Section 48M: inserted, on 24 October 2012, by section 5 of the Fair Trading (International Co-operation) Amendment Act 2012 (2012 No 86).

Part 6 s 48N Fair Trading Act 1986 Reprinted as at 1 April 2014

48N Information provided by consent Nothing in sections 48B to 48L or any co-operation arrange- ment prevents the Commission providing any information to an overseas regulator with the consent of the person who is the subject of the information. Section 48N: inserted, on 24 October 2012, by section 5 of the Fair Trading (International Co-operation) Amendment Act 2012 (2012 No 86).

48O Maintenance of privilege (1) If the Commission provides to an overseas regulator, for the

purpose of assisting the overseas regulator to perform its fair trading law functions, a communication or information in re- spect of which the Commission has any privilege referred to in section 54, 56, or 57 of the Evidence Act 2006, the Commis- sion is not to be taken as having waived its privilege in relation to that communication or information merely by providing it to the overseas regulator.

(2) If the Commission receives from an overseas regulator, for the purpose of assisting the Commission to perform its fair trading law functions under this Act, a communication or information that, under the law of the country of the overseas regulator is subject to a privilege analogous to a privilege of a kind re- ferred to in section 54, 56, or 57 of the Evidence Act 2006, that communication or information is subject to the analogous privilege in New Zealand, and the Evidence Act 2006 applies accordingly.

(3) The Commission must not provide a communication or infor- mation that is subject to the privilege referred to in section 57 of the Evidence Act 2006 (which relates to settlement nego- tiation and mediation) to an overseas regulator unless every other party that has a privilege in relation to that communica- tion or information consents to the Commission providing the communication or information to the overseas regulator.

(4) To avoid doubt, this section applies whether or not a commu- nication or information is provided under a co-operation ar- rangement. Section 48O: inserted, on 24 October 2012, by section 5 of the Fair Trading (International Co-operation) Amendment Act 2012 (2012 No 86).

Reprinted as at 1 April 2014 Fair Trading Act 1986 Part 6 s 48P

48P Proceedings relating to financial products or financial services

(1) This section applies if— (a) the Commission is considering commencing civil or

criminal proceedings in relation to conduct that consti- tutes, or may constitute, a contravention of any of sec- tions 9 to 13; and

(b) the Commission considers that that conduct is in rela- tion to a financial product or a financial service.

(2) The Commission must, before commencing those proceed- ings, obtain the consent of the Financial Markets Authority (the FMA).

(3) However, a failure to obtain consent under subsection (2) does not affect any proceedings commenced by the Commission.

(4) The FMA, when considering whether to give its consent, must have regard to the followingmatters to the extent that the FMA considers that those matters are relevant: (a) the purposes of the Financial Markets Conduct Act

2013 specified in sections 3 and 4 of that Act: (b) any warning, report, or guideline issued, or comment or

statement made, under section 9(1)(a)(ii) or (v) of the Financial Markets Authority Act 2011:

(d) any exemption granted under the Financial Markets Conduct Act 2013:

(e) any other action that the FMA has taken, or intends to take, in relation to the conduct:

(f) any other matters that the FMA considers relevant. (5) The FMA’s consent may relate to particular conduct or a class

of conduct (whether or not the conduct has already occurred). (6) In this section,—

financial product— (a) has the same meaning as in section 7 of the Financial

Markets Conduct Act 2013; and (b) includes, in relation to any provision of sections 9 to

13, any class or classes of financial product declared by regulations made under section 548(1)(a) of that Act to

Part 6 s 48Q Fair Trading Act 1986 Reprinted as at 1 April 2014

be a financial product for the purposes of the provision of Part 2 of that Act that corresponds to that provision of this Act

financial service has the same meaning as in section 6(1) of the Financial Markets Conduct Act 2013. Section 48P: inserted, on 1 April 2014, by section 8 of the Financial Markets (Repeals and Amendments) Act 2013 (2013 No 70).

48Q No pecuniary penalty and fine for same conduct involving financial products or financial services

(1) A person cannot be ordered to pay a pecuniary penalty, or be liable for a fine, under the FinancialMarkets Conduct Act 2013 and be liable for a fine under this Act for the same conduct.

(2) A person that has, in respect of certain conduct, paid an amount in lieu of a pecuniary penalty under section 46A(1)(b) of the Financial Markets Authority Act 2011 is not liable for a fine under this Act for the same conduct. Section 48Q: inserted, on 1 April 2014, by section 8 of the Financial Markets (Repeals and Amendments) Act 2013 (2013 No 70).

48R Unsubstantiated representations prohibition does not apply to financial markets disclosure

(1) The provision of this Act that corresponds to section 23 of the Financial Markets Conduct Act 2013 does not apply to a representation made in a disclosure document or a register entry.

(2) In this section, disclosure document and register entry have the same meanings as in section 6(1) of the Financial Markets Conduct Act 2013. Section 48R: inserted, on 1 April 2014, by section 8 of the Financial Markets (Repeals and Amendments) Act 2013 (2013 No 70).

48S Certain conduct under Financial Markets Conduct Act 2013 does not contravene various provisions of this Act

(1) Conduct that contravenes section 82, 99, 262, 265, or 427 or clause 27 of Schedule 1 of the Financial Markets Conduct Act 2013 does not contravene any of sections 9 to 13 of this Act.

(2) For the purpose of this section, conduct must be treated as contravening section 82, 99, 262, 265, or 427 or clause 27 of

Reprinted as at 1 April 2014 Fair Trading Act 1986 Part 6 s 51

Schedule 1 of the Financial Markets Conduct Act 2013 even if the conduct does not constitute an offence, or does not lead to any liability, because of the availability of a defence. Section 48S: inserted, on 1 April 2014, by section 8 of the Financial Markets (Repeals and Amendments) Act 2013 (2013 No 70).

49 Repeals and consequential amendments (1) The enactment specified in Schedule 1 is hereby amended in

the manner indicated in that schedule. (2) The enactments specified in Part A of Schedule 2 are hereby

repealed with effect from the commencement of this Act. (3) The enactments specified in Part B of Schedule 2 are hereby

repealed with effect from 1 May 1987. (4) The orders and notices specified in Schedule 3 are hereby re-

voked.

50 Saving of other laws (1) Nothing in this Act limits or affects the operation of any other

Act. (2) Nothing in this Act limits or affects any liability that any per-

son may incur under any rule of law or enactment other than this Act.

(3) However, subsection (1) does not apply in relation to any pro- vision in Part 4A that limits or affects the operation of the Sale of Goods Act 1908 or the Contractual Remedies Act 1979. Compare: 1978 No 103 s 65; Trade Practices Act 1974 s 75 (Aust) Section 50(3): inserted, on 18 December 2013, by section 40 of the Fair Trading Amendment Act 2013 (2013 No 143).

51 Application of Act to goods that are, or may be, exported to China

(1) This Act applies to conduct or representations relating to goods that are, or may be, exported from New Zealand pur- suant to the Conformity Cooperation Agreement in the same way as this Act applies to goods supplied within New Zealand as follows: (a) section 10 applies to conduct relating to goods that are,

or may be, exported from New Zealand for supply to China:

Schedule 1 Fair Trading Act 1986 Reprinted as at 1 April 2014

(b) section 13 applies to representations relating to goods that are, or may be, exported from New Zealand for supply to China:

(c) a contravention of section 10 or 13 is an offence under section 40 and may authorise a warrant being issued in New Zealand under section 47(2) to search a place in New Zealand if the contravention relates to goods that are, or may be, exported from New Zealand for supply to China.

(2) In this section, Conformity Cooperation Agreement means the Agreement between the Government of New Zealand and the Government of the People’s Republic of China on Cooper- ation in the Field of Conformity Assessment in Relation to Electrical and Electronic Equipment and Components, which is Annex 14 of the Free Trade Agreement between the Gov- ernment of New Zealand and the Government of the People’s Republic of China done at Beijing on 7 April 2008. Section 51: added, on 1 October 2008, by section 6 of the Fair Trading Amend- ment Act 2008 (2008 No 52).

Schedule 1 s 49(1) Enactment amended

[Repealed] Schedule 1: repealed, on 1 April 1993, by section 62(1) of the Health and Safety in Employment Act 1992 (1992 No 96).

Reprinted as at 1 April 2014 Fair Trading Act 1986 Schedule 2

Schedule 2 s 49(2), (3) Enactments repealed

Part A

Commerce Act 1986 (1986 No 5) Amendment(s) incorporated in the Act(s).

Consumer Information Act 1969 (1969 No 12)

Employment Agents Act 1908 (1908 No 174) (RS Vol 17, p 201)

Employment Agents Amendment Act 1960 (1960 No 24) (RS Vol 17, p 209)

Employment Agents Amendment Act 1967 (1967 No 30) (RS Vol 17, p 210)

Employment Agents Amendment Act 1975 (1975 No 74) (RS Vol 17, p 211)

Fertilisers Act 1982 (1982 No 134) Amendment(s) incorporated in the Act(s).

Labour Department Act 1954 (1954 No 71) Amendment(s) incorporated in the Act(s).

Medicines Act 1981 (1981 No 118) Amendment(s) incorporated in the Act(s).

Merchandise Marks Act 1954 (1954 No 43) (RS Vol 10, p 113)

Unsolicited Goods and Services Act 1975 (1975 No 46) Amendment(s) incorporated in the Act(s).

Part B

Safety of Children’s Night Clothes Act 1977 (1977 No 87)

Schedule 3 Fair Trading Act 1986 Reprinted as at 1 April 2014

Part B—continued

Wool Labelling Act 1949 (1949 No 41) (RS Vol 11, p 903)

Schedule 3 s 49(4) Orders and notices revoked

Clothing Marking Order 1956 (SR 1956/118)

Consumer Information (Quantity) Notice 1971 (SR 1971/150)

Consumer Information (Quantity) Notice 1973 (SR 1973/139)

Dry Cell Batteries Marking Order (No 2) 1957 (SR 1957/205)

Footwear Marking Order 1955 (SR 1955/208)

Reprinted as at 1 April 2014 Fair Trading Act 1986

Financial Markets (Repeals and Amendments) Act 2013

Public Act 2013 No 70 Date of assent 13 September 2013

Commencement see section 2

1 Title This Act is the Financial Markets (Repeals and Amendments) Act 2013.

2 Commencement (1) Sections 4(2) to (4), 91, 101(3), (6), and (7), 105, and 107

come into force on the day after the date on which this Act receives the Royal assent.

(2) The rest of this Act comes into force on a date appointed by the Governor-General by Order in Council; and 1 or more orders may be made appointing different dates for different provi- sions and for different purposes.

(3) To the extent that it is not previously brought into force under subsection (1) or (2), the rest of this Act comes into force on 1 April 2017.

(4) In this section, provision includes any item, or any part of an item, in the Schedule. Section 2(2): sections 6 to 9, 10, 11, 13, 35, 37 to 39, 41, 42(1) to (3), 43 to 47, 49, 52, 53, 58, and 61(2) to (10), 42(4) (other than as far as it relates to new subsection (1A)), sections 62, 64, 65, 66(1), 67 to 69, 70(1), (4), and (6), and 71, 150 (but only for the purpose of the items that are coming into force under paragraph (f)), certain items in the Schedule brought into force, on 1 April 2014, by clause 3 of the Financial Markets Legislation (Phase 1) Commencement Order 2014 (LI 2014/51).

Amendments to Fair Trading Act 1986 9 Transitional provision for existing offences and

contraventions (1) This section applies to an offence committed under, or a

contravention of, the principal Act before the commencement of section 7.

Fair Trading Act 1986 Reprinted as at 1 April 2014

(2) The principal Act continues to have effect as if it had not been amended by sections 7 and 8 for the purpose of— (a) investigating an offence or a contravention to which this

section applies: (b) commencing or completing proceedings for an offence

or a contravention to which this section applies: (c) imposing a penalty or other remedy, or making an order,

in relation to an offence or a contravention to which this section applies.

Reprinted as at 1 April 2014 Fair Trading Act 1986 Notes

Reprints notes

1 General This is a reprint of the Fair Trading Act 1986 that incorporates all the amendments to that Act as at the date of the last amendment to it.

2 Legal status Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act. A printed version of the reprint produced directly from this official electronic version also has official status.

3 Editorial and format changes Editorial and format changes to reprints are made using the powers under sections 24 to 26 of the Legislation Act 2012. See also http://www.pco.parliament.govt.nz/editorial-conventions/.

4 Amendments incorporated in this reprint Fair Trading Amendment Act 2013 (2013 No 143) Companies Amendment Act 2013 (2013 No 111): section 14 Financial Markets (Repeals and Amendments) Act 2013 (2013 No 70): sections 7, 8 Fair Trading (International Co-operation) Amendment Act 2012 (2012 No 86) Fair Trading (Soliciting on Behalf of Charities) Amendment Act 2012 (2012 No 48) Search and Surveillance Act 2012 (2012 No 24): section 316 Criminal Procedure Act 2011 (2011 No 81): section 413 Financial Markets Authority Act 2011 (2011 No 5): section 82 Fair Trading Amendment Act 2008 (2008 No 52) Fair Trading Amendment Act 2006 (2006 No 49) Crown Entities Act 2004 (2004 No 115): section 200 Fair Trading Amendment Act (No 2) 2003 (2003 No 34) Fair Trading Amendment Act 2003 (2003 No 31) Trade Marks Act 2002 (2002 No 49): section 201 Fair Trading Amendment Act 2000 (2000 No 64)

Notes Fair Trading Act 1986 Reprinted as at 1 April 2014

Trade Marks Amendment Act 1999 (1999 No 121): section 8(1) Fair Trading Amendment Act 1997 (1997 No 43) Customs and Excise Act 1996 (1996 No 27): section 289(1) Newspapers and Printers Act Repeal Act 1995 (1995 No 13): section 4(3) Fair Trading Amendment Act 1994 (1994 No 124) Company Law Reform (Transitional Provisions) Act 1994 (1994 No 16): section 2 Health and Safety in Employment Act 1992 (1992 No 96): section 62(1) Fair Trading Amendment Act 1990 (1990 No 42) Disputes Tribunals Act 1988 (1988 No 110): section 82(2) Trade Marks Amendment Act 1987 (1987 No 156): section 33(1)

Wellington, New Zealand: Published under the authority of the New Zealand Government—2014

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