Fair Trading Act 1986
Sections and provisions with full text and the judgments that cite each one.
Section 1 — Short Title and commencement
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) of this Act, this Act shall come into force on the 1st day of March 1987.
Section Sch1
Schedule 1 [Repealed] Schedule 1 was repealed, as from 1 April 1993 by section 62 Health and Safety in Employment Act 1992 (1992 No 96).
Section 2 — Interpretation
2 Interpretation (1) In this Act, unless the context otherwise requires,— Acquire ,— (a) In relation to goods, includes obtain by way of gift, purchase, or exchange; and also includes take on lease,…
Section Sch2 — Enactments repealed
Schedule 2 Enactments repealed Section 49(2) , (3) A 1908, No 174—The Employment Agents Act 1908 (RS Vol 17, p 201). 1954, No 43—The Merchandise Marks Act 1954 (RS Vol 10, p 113). 1960, No 24—The…
Section 3 — Application of Act to conduct outside New Zealand
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…
Section Sch3 — Orders and notices revoked
Schedule 3 Orders and notices revoked Section 49(4) Title Statutory Regulations The Footwear Marking Order 1955 1955/208 The Clothing Marking Order 1956 1956/118 The Dry Cell Batteries Marking Order…
Section 4 — Application of Act to the Crown
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…
Section 5 — Application of Act to Crown corporations
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)…
Section 5A — No liability under Act if not liable under Securities Act 1978 or Securities Markets Act 1988
5A No liability under Act if not liable under Securities Act 1978 or Securities Markets Act 1988 A court hearing a proceeding brought against a person under this Act must not find that person liable…
Section 5B — Act does not apply to certain conduct regulated by takeovers code
5B Act does not apply to certain conduct regulated by takeovers code Nothing in this Act applies to conduct in relation to any transaction or event regulated by the takeovers code that is in force…
Section 6 — Functions of Commission in relation to dissemination of information
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…
Section 7 — Money to be appropriated by Parliament for purposes of this Act
7 Money to be appropriated by Parliament for purposes of this Act [Repealed] Sections 7 and 8 were repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).
Section 8 — Annual report
8 Annual report [Repealed] Sections 7 and 8 were repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).
Section 9 — Misleading and deceptive conduct generally
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 (Aust),…
Section 10 — Misleading conduct in relation to goods
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…
Section 11 — Misleading conduct in relation to services
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…
Section 12 — Misleading conduct in relation to employment
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…
Section 13 — False or misleading 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…
Section 14 — False representations and other misleading conduct in relation to land
14 False representations and other misleading conduct in relation to land (1) No person shall, in trade, in connection with the sale or grant or possible sale or grant of an interest in land or with…
Section 15 — Limited application of sections 9 to 14 of this Act to news media
15 Limited application of sections 9 to 14 of this Act to news media (1) Nothing in sections 9 to 14 of this Act applies to the publication of any information or matter in a newspaper by the…
Section 16 — Certain conduct in relation to trade marks prohibited
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…
Section 17 — Offering gifts and prizes
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;…
Section 18 — Trading stamp schemes prohibited
18 Trading stamp schemes prohibited [Repealed] Section 18 was repealed, as from 8 July 2003, by section 4 Fair Trading Amendment Act 2003 (2003 No 31). See section 16 of that Act as to proceedings…
Section 19 — Bait advertising
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…
Section 20 — Referral selling
20 Referral selling (1) Subject to subsection (2) of this section, no person shall induce another person to acquire goods or services by representing that the person acquiring the goods or services…
Section 21 — Demanding or accepting payment without intending to supply as ordered
21 Demanding or accepting payment without intending to supply as ordered No person shall demand or accept payment or other consideration for goods or services, if at the time of the demand or…
Section 22 — Misleading representations about certain business activities
22 Misleading representations about certain business activities (1) No person shall make a representation that is false or misleading in a material particular concerning the profitability or risk or…
Section 23 — Harassment and coercion
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.…
Section 24 — Pyramid selling schemes
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…
Section 25 — Provisions of this Part of this Act not limited by reference to other provisions of this Part of this Act
25 Provisions of this Part of this Act not limited by reference to other provisions of this Part of this Act No provision of this Part of this Act limits or affects any other provision of this Part…
Section 26 — Importation of goods bearing false trade description
26 Importation of goods bearing false trade description (1) This section applies to any goods to which a false trade description is applied. (2) All goods to which this section applies are hereby…
Section 27 — Consumer information standards
27 Consumer information standards (1) The Governor-General may, from time to time, on the recommendation of the Minister, by Order in Council, make regulations prescribing, in respect of goods or…
Section 28 — Compliance with consumer information standards
28 Compliance with consumer information standards (1) If a consumer information standard in respect of goods or services relates to a matter specified in section 27(1) , a person must not supply, or…
Section 29 — Product safety standards
29 Product safety standards (1) The Governor-General may, from time to time, on the recommendation of the Minister, by Order in Council, make regulations in respect of goods of any description or any…
Section 30 — Compliance with product safety standards
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…
Section 31 — Unsafe goods
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…
Section 32 — Compulsory product recall
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…
Section 33 — Importation of certain goods prohibited
33 Importation of certain goods prohibited All goods the supply of which would constitute a contravention of this Part of this Act are hereby prohibited to be imported into New Zealand and shall be…
Section 34 — Meaning of services
34 Meaning of services For the purposes of this Part of this Act services means the performance of work by way of— (a) The maintenance, repair, treatment, processing, installation, assembly, cleaning…
Section 35 — Safety standards in respect of services
35 Safety standards in respect of services (1) The Governor-General may, from time to time, on the recommendation of the Minister, by Order in Council, make regulations in respect of services of any…
Section 36 — Compliance with services safety standards
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 supply, or advertise to…
Section 37 — Jurisdiction of High Court
37 Jurisdiction of High Court In accordance with this Part of this Act, the High Court shall hear and determine the following matters— (a) Appeals from criminal proceedings in a District Court for…
Section 38 — Jurisdiction of District Courts
38 Jurisdiction of District Courts In accordance with this Part of this Act, the District Courts shall hear and determine the following matters— (a) Proceedings for offences against sections 40 and…
Section 39 — Jurisdiction of Disputes Tribunals
39 Jurisdiction of Disputes Tribunals In accordance with this Part of this Act, a Disputes Tribunal established under section 4 of the Disputes Tribunals Act 1988 shall have jurisdiction to hear and…
Section 40 — Contraventions of provisions of Part 1 , Part 2 , Part 3 , and Part 4 an offence
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…
Section 40A — Additional penalty for contravention of section 24 involving commercial gain
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 application of the Commission, in addition to any…
Section 41 — Injunctions may be granted by Court for contravention of Part 1 , Part 2 , Part 3 , and Part 4
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…
Section 42 — Order to disclose information or publish advertisement
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…
Section 43 — Other orders
43 Other orders (1) Where, in any proceedings under this Part of this Act, or on the application of any person, the Court finds that a person, whether or not that person is a party to the…
Section 44 — Defences
44 Defences (1) Subject to this section, it is a defence to a prosecution for an offence against section 40 of this Act if the defendant proves— (a) That the contravention was due to a reasonable…