Fair trading act doortodoor and telemarketing sales. Work cuts across all markets in new zealand includes. The consumer guarantees act gives you rights when making purchases including. More information about the fair trading act and achieving compliance with the act can be obtained from the following sources. The act applies to everyone in business, and outlaws deceptive conduct and false representations. Car sales and the fair trading act care labelling and the fair trading act fibre content labelling and the fair trading act food labelling and the fair trading act debt collecting and the fair trading act fair trading act 1986. A guide for the real estate industry refunds, returns, guarantees and warranties. Fair trading in new zealand faqs what kinds of conduct are prohibited under the fta. The consumer guarantees act cga applies to consumers buying things in new zealand, and businesses selling products or services in new zealand. The gambling act bans the advertisement or promotion in new zealand of an overseasbased gambling activity including prize promotions which meet the definition of gambling.
In december 1986, legislation known as the fair trading act 1986 was passed into law in new zealand and became effective in march 1987. The fair trading act 1986 deals with misleading and deceptive conduct, and despite its title, has no direct legal connection with this particular aspect of fair trade in new zealand. Commerce commission criminal prosecution guidelines. Headline advertising messages and the fair trading act. Fair trading can assist in resolving complaints and providing information. In new zealand, the fair trading act protects consumers if a business acts in an unfair or misleading way. The measuring broadband new zealand project has a code of conduct, the purpose of which is to ensure that parties involved in the mbnz programme act in good faith and in accordance with principles relating to data validation, gaming of results, and appropriate public usage of the mbnz results.
A correction has been made to section 29 under section 251jiii and iv of the legislation act 2012. The act promotes fair trading between competitors while also ensuring that consumers are treated fairly. It also covers product safety, trading practices and employment ads. Fair trading amendment act 20 new zealand legislation. The commerce commission has published a reminder to retailers to make sure published discounts are legal and comply with the fair trading act. Fair trading australian consumer law act 1992 effective. Western australian legislation fair trading retirement. New zealand needs to offer a better policy environment than can be found elsewhere if. Fair trading amendment bill new zealand parliament. We hope that this letter will assist you in complying with the law when. The contract and commercial law act 2017 ccl act, which comes into force on 1 september 2017. Obligations under the consumer guarantees act consumer. Tips for businesses you need to make sure that sales staff and sales agents are following the rules. The fair trading act came into force on i march 1987, replacing earlier laws relating to misleading and deceptive conduct, unfair trading practices and consumer.
If the product had failed the test it would be a misleading representation. Headline advertising messages and the fair trading act 07 november 2014 the court of appeal recently laid down specific principles on how to assess whether headline representations in an advertisement can be said to be in breach of the fair trading act 1986. Fair trading amendment australian consumer law act 2010 no 107. The fair trading act handbook lexisnexis new zealand. As some readers will be aware, 20 saw the most significant reform to new zealands. Western australian legislation fair trading act 2010. If a dispute cannot be resolved between the parties the team will generally contact the trader and other entities in an attempt to conciliate the. Fair trading act electricity marketing licence definition. Fair trading act external link commerce commission. Prize promotions in new zealand dla piper prize promotions. No person shall, in trade, engage in conduct that is misleading or deceptive or is likely to mislead or deceive. The fair trading act pricing 16 fact sheet june 2017 june 20 fact sheet the fair trading act pricing this fact sheet provides an overview of the types of pricing techniques a business might use when promoting goods or services. Few undertakings, except oneoff private transactions, escape the jurisdiction of the fair trading act.
Know your rights anyone buying goods or services in new zealand is protected by consumer laws. The act also gives you special rights if you buy products or services on layby or by uninvited direct sales, or you buy extended warranties that fall within the ftas definitions. New zealand awareness of fair trading act 2018 statista. All new zealand businesses and people in trade have to meet their responsibilities under the cga.
They are available online at the new zealand legislation website. The development of consumer protection and the fair trading act lesa kalapu enforcement under the fair trading act rachel leamy and janet whiteside commission court action under the fair trading act mike chapman, kathryn smith and paul scott private. The fair trading act is one of the most frequently used and widely recognised pieces of commercial, trading and consumer legislation in new zealand. The fair trading act provides for consumer information standards. Object of act part 2 interpretation and application division 1 general interpretation 4. Under the fair trading act 1986 there is no requirement to prove damage with the result that rival traders can bring an action under the fta even though they have suffered no loss.
Fair trading is responsible for enforcing the australian consumer law in the act. Fair trading amendment australian consumer law act 2010 no 107 schedule 1 amendment of fair trading act 1987 no 68 page 4 product related service has the same meaning as in section 2 1 of the acl. The legislative history at the back of the act provides detail about the past and future operation of the act. It is designed to give both businesses and consumers an understanding of how the fair trading act applies to pricing. It covers pricing, advertising, information about the product or service, sales techniques and financing. And as always, if you have any specific issues in this area or any other, our advice service is here to help and can be contacted by email or phone 0800 472 472 1800 128 086 from. Consumers or businesses seeking compensation for a breach of the fair trading act can take a civil action through the disputes tribunal or the district court. The ccl act will modernise 11 new zealand statutes relating to. New zealand has put in place border enforcement measures in accordance with our obligations under the trips agreement and the cptpp agreement. First, because consumer legislation throughout the commonwealth e. Dec 08, 2010 versions of this act includes consolidations, reprints and as passed versions subsidiary legislation made under this act current versions history of this act. Fair trading act 1986 viewing now, as at january 2020, printdownload pdf 839kb fair trading act 1986, as at 29 october 2019, printdownload pdf. Measuring broadband new zealand commerce commission. C subject to the provisions of the fair trading act 1986 and the consumer guarantees act 1993 jucy are only responsi ble for any direct loss that you suffer because of jucys breach of the agreement.
Fair trading act 1989 an act to make provision with respect to certain unfair or undesirable trade practic es, to regulate t he supply of goods and services, to provide for a commissioner for fair trading and for related purposes part 1 preliminary 1 short title and citation this act may be cited as the fair trading act 1989. Nonapplication of the act part ii the competition and fair trading commission 4. Legal information, regulation, complains, dispute resolution. On 27 october 2006, the commerce commission brought a proceeding against carter holt harvey alleging breach of the fair trading act. Know your rights regarding the consumer guarantees act and fair trading act. Obligations under the fair trading act consumer protection. The fair trading fuel prices act 1993 act regulates the fuel prices that service stations are allowed to display on price boards that are visible to passing motorists. For example claims under the fair trading act need to be brought within 3 years of the date the loss or damage was or should have been, discovered. Air new zealand and iag provide contrasting case studies on how to handle fair trading act complaints the detail what we said this follows our last article, air new zealand ad campaign provides another example for business on fair trading act risk. Fair trading amendment act 20 a correction has been made to section 29 under section 251jiii and iv of the legislation act 2012. This fact sheet contains important information to be aware of before signing a new tenancy agreement. Mar 24, 2015 versions of this subsidiary legislation includes consolidations, reprints and as made versions. Note 4 at the end of this reprint provides a list of the amendments incorporated.
This act, replacing the consumer information act of 1969 and other piecemeal legislation, significantly extends protection to both consumers and businesses by prohibiting certain kinds of marketing conduct and promotional strategies. The ordinary use may change over time, eg computers are now commonly used for personal use. Fair trading assists and protects the community through the administration of consumer laws and the registration and compliance of businesses in specific industries. The consumer guarantees act cga protects consumers by. Buying a new or used vehicle from a dealer whether online, at a car yard or at an auction gives you more consumer rights than if you buy a car privately. Submissions should be emailed in either adobe pdf or microsoft word format to the ministry of. Any person in trade or business selling products or services, including online. Service stations are allowed to advertise discount offers on their price boards e. Fair trading act 1986 new zealand competition, unfair. Before you buy you have the right to expect a fair deal when making purchasing decisions. Building contracts and building work are also covered by the fair trading act. Jan, 2020 changes authorised by subpart 2 of part 2 of the legislation act 2012 have been made in this official reprint.
The fair trading act fta says you must talk fairly about what you sell in person, in print or online. The fair trading act 1986 is a statute of new zealand. A guide for advertisers and traders po box 2351, wellington, wellington, new zealand, phone 04 924 3600, fax 04 924 3700 first published august 1994 reprinted april 1997 reprinted october 1997 reprinted may 1999 reprinted february 2001 reprinted may 2002 isbn 1869450574. A consumer is anyone who buys products or services that are ordinarily for personal or household use. Read the checklist carefully and ask your landlord or agent about anything you do not understand. This act may be cited as the fair trading act 1986. The fair trading act makes these types of trader behaviour illegal. A bill fails if the vote is lost at first, second, or third reading. Limitation periods a blog by alexanderdorrington lawyers. At the briefing youll get the latest in employment information and be kept uptodate with the new zealand business scene. Reprint asat1april2014 fairtradingact1986 publicact 1986no121 dateofassent 17december1986 commencement seesection12 contents page titlerepealed 5. It is updated frequently to include developments in the law relating to fair trading as well as covering significant cases in this area. Where building work is concerned, the building act 2004 imposes a 10year longstop on claims for defective.
Its purpose is to encourage competition and to protect consumerscustomers from misleading and deceptive conduct and unfair trade practices. This law applies equally to established bricksandmortar businesses, internet traders and temporary operations like popup shops. There are also specific limitations periods that arise. Fair trading act 1986 no 121 as at 30 may 2017, public. Your rights if a business acts in an unfair or misleading way, including sales tactics. Fair trading amendment act 2000 2000 no 64 trade marks amendment act 1999 1999 no 121. The fair trading act gives the minister of consumer affairs the power to ban unsafe products or order their recall.
This is to make sure traders dont oversell or make false promises. Jan 08, 2019 if any element of gambling is organized or conducted in or from new zealand, it must comply with the gambling act. This act is administered by the ministry of business, innovation, and employment. Limitation period under fair trading act clarified. Fair trading is the first point of contact for the public wishing to seek advice and raise consumer concerns and complaints. Read more selfreported knowledge of the fair trading act in new zealand in 2018.
This fair trading collection in the database westlaw nz provides commentary and section by section analysis of the fair trading act 1986 and the consumer guarantees act 1993. Does not include amendments by sch 6 to this act part 2 of sch 6 amends this act on a day or days to be appointed by proclamation fair trading amendment commercial agents act 2016 no 52 amended by property, stock and business agents amendment property industry reform act 2018 no 5 not commenced. However, if a voluntary code applies in a particular industry, such as the new zealand standard on sunscreen products, and it is not governed by a law or regulations, then advertising claims that comply with it would also need to comply with the unsubstantiated claims provisions in the fair trading act. Changes authorised by subpart 2 of part 2 of the legislation act 2012 have been made in this official reprint. 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. Headline advertising messages and the fair trading act nz. The consequences of conviction under the fair trading act can be significant. Compared to passing off and breach of the fair trading act 1986 is a more agile beast. In new zealand slavery and forced labour are criminalised.
Fair trading act 2010 table of provisions long title part 1 preliminary 1. 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. The rules on what you must provide for customers, and when customers have rights to repairs, refunds or replacements for faulty products or substandard services. This brief counsel looks at the supreme courts decision, how it has clarified the law, and what it means for claimants and defendants in fair trading act litigation. Passing off and breach of the fair trading act 1986 alex. Oct 16, 2019 the competition and consumer act 2010 the act is a national law that regulates fair trading in australia and governs how all businesses in australia must deal with their customers, competitors and suppliers. The fair trading act does it apply to the alpaca industry by cilla taylor, wild palette suri, waimauku, auckland cilla teaches for unitec in auckland and has written their course material for the national certificate in real estate, which includes, amongst other legislation, a paper on the fair trading act. The fair trading act employers and manufacturers association. Understand the fair trading act 1986 and how businesses can avoid conduct and practices that breach the act and can be viewed as misleading, unsafe or unfair.
The act s broad language and wide scope means that it potentially has a role to play in almost every commercial transaction people might enter into, including contracts for services or for the purchase of goods or land, how goods or services are. An understanding of the new zealand fair trading act has three significant benefits. The commission has warned that retailers can be guilty of misleading consumers if they. A trader can also be instructed to inform the public why and how the goods are unsafe, offer to repair or replace the goods, or provide refunds. Consumer protection law and legislation new zealand. What is fair when it comes to retailers and the fair. Safeguard against unfair conduct and breaches of the fair trading act. The fair trading act 1986 is very similar to the consumer provisions in. Unless jucy have breached the specific requirements of these acts jucy is not.
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