New Zealand Acts

FAIR TRADING ACT 1986

- As at 24 January 2026
- Act 121 of 1986

TABLE OF PROVISIONS

           Long Title

   1.      Short Title and commencement
   1A.     Purpose
   2.      Interpretation
   2A.     Transitional, savings, and related provisions
   3.      Application of Act to conduct outside New Zealand
   4.      Application of Act to the Crown
   5.      Application of Act to Crown corporations
   5A.     No liability under Act if not liable under Securities Act 1978 or Securities Markets Act 1988
   5B.     Act does not apply to certain conduct regulated by Takeovers Code
   5C.     No contracting out: general rule
   5D.     No contracting out: exception for parties in trade
   6.      Functions of Commission in relation to dissemination of information
   7.      Money to be appropriated by Parliament for purposes of this Act
   8.      Annual report

   PART 1 - Unfair conduct
   Note
   Note

   7.      Unconscionable conduct
   8.      Court may have regard to certain matters
   9.      Misleading and deceptive conduct generally
   10.     Misleading conduct in relation to goods
   11.     Misleading conduct in relation to services
   12.     Misleading conduct in relation to employment
           Note
   12A.    Unsubstantiated representations
   12B.    Court must have regard to certain matters
   12C.    Limitation on commencement of proceedings in relation to unsubstantiated representations
   12D.    Section 12A subject to other enactments
   13.     False or misleading representations
   14.     False representations and other misleading conduct in relation to land
   14A.    When vendor bids are misrepresentations
   15.     Limited application of sections 9 to 14 to news media
   16.     Certain conduct in relation to trade marks prohibited
   17.     Offering gifts and prizes
   18.     Trading stamp schemes prohibited
   19.     Bait advertising
   20.     Referral selling
   21.     Demanding or accepting payment without intending to supply as ordered
   21A.    Liability of recipient of unsolicited goods
   21B.    Liability of recipient of unsolicited services
   21C.    Prohibition on asserting right to payment in respect of unsolicited goods or unsolicited services
   21D.    Regulations
   22.     Misleading representations about certain business activities
   23.     Harassment and coercion
   24.     Pyramid selling schemes
   25.     Provisions of this Part not limited by reference to other provisions of this Part
   26.     Importation of goods bearing false trade description
           Note
   26A.    Unfair contract terms in standard form consumer contracts
   26B.    Unfair contract terms in standard form trade contracts
   26C.    Definition of specified trade contract
   26D.    Specified trade contracts: trading relationship, annual value threshold, and other definitions
   26E.    Regulations relating to definition of specified trade contract

   PART 2 - Consumer information
   Note

   27.     Consumer information standards
   28.     Compliance with consumer information standards
   28A.    Regulations relating to disclosure by fund-raisers making requests for charitable purposes
   28B.    Disclosure of trader status on Internet

   PART 3 - Product safety

   29.     Product safety standards
   30.     Compliance with product safety standards
   30A.    Product safety policy statements
   30B.    Review of product safety policy statements
   31.     Unsafe goods
   31A.    Voluntary product recall
   32.     Compulsory product recall
   33.     Importation of certain goods prohibited
           Note
   33A.    Appointment of product safety officers
   33B.    Certificates of appointment
   33C.    Powers of product safety officers
   33D.    Suspension of supply notices

   PART 4 - Safety of services

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

   PART 4A - Consumer transactions and auctions
   Note

   36A.    Purpose of Part

           SUBPART 1 - Layby sales
           Note

   36B.    Meaning of layby sale agreement
   36C.    Disclosure requirements relating to layby sale agreement
   36D.    Further disclosure if requested by consumer
   36E.    Risk in goods
   36F.    Cancellation of layby sale agreement by consumer
   36G.    Cancellation of layby sale agreement by supplier
   36H.    Effect of cancellation of layby sale agreement
   36I.    Bankruptcy, receivership, liquidation, or voluntary administration of supplier: completion of layby sale agreement
   36J.    Bankruptcy, receivership, or liquidation of supplier: consumer priority

           SUBPART 2 - Uninvited direct sales
           Note

   36K.    Meaning of uninvited direct sale agreement
   36L.    Disclosure requirements relating to uninvited direct sale agreements
   36M.    Cancellation of uninvited direct sale agreement by consumer
   36N.    Enforcement of uninvited direct sale agreement by supplier
   36O.    Effect of cancellation of uninvited direct sale agreement
   36P.    Supplier's obligations on cancellation of uninvited direct sale agreement
   36Q.    Consumer's obligations on cancellation of uninvited direct sale agreement
   36R.    Compensation on cancellation of uninvited direct sale agreement
   36RA.   Directions to leave premises or not enter premises
   36S.    Regulations

           SUBPART 3 - Extended warranties
           Note

   36T.    Meaning of extended warranty agreement and related definitions
   36U.    Disclosure requirements relating to extended warranty agreements
   36V.    Cancellation of extended warranty agreement
   36W.    Regulations

           SUBPART 4 - Auctions
           Note

   36X.    Definitions
   36Y.    Application of subpart
   36Z.    Each lot is separate contract of sale
   36ZA.   Start and end of auction
   36ZB.   Notice to participants
   36ZC.   Vendors selling in trade
   36ZD.   Vendor bids
   36ZE.   Bids may be withdrawn until end of auction
   36ZF.   Account and payment of proceeds

   PART 5 - Enforcement and remedies

   37.     Jurisdiction of High Court
   38.     Jurisdiction of District Court
   39.     Jurisdiction of Disputes Tribunal
   40.     Contraventions of provisions of Parts 1 to 4A an offence
   40A.    Additional penalty for contravention of section 24 involving commercial gain
   40B.    Infringement offence, etc, defined
   40C.    Infringement offence alleged
   40D.    Issue of infringement notice
   40E.    Procedural requirements for infringement notices
   40F.    What Commission does with infringement fees
   40G.    Effect of infringement notice
   40H.    Regulations relating to infringement offences
   41.     Injunctions may be granted by court for contravention of Part 1, Part 2, Part 3, and Part 4
   42.     Order to disclose information or publish advertisement
   43.     Other orders
   43A.    Application for order under section 43
   43B.    Limits on jurisdiction of District Court and Disputes Tribunal to make orders under section 43
   44.     Defences
   45.     Conduct by servants or agents
   46.     Finding in proceedings to be evidence
           Note
   46A.    Commission may accept undertakings
   46AA.   Matters included in undertakings
   46B.    Enforcement of undertakings
           Note
   46C.    Management banning orders
   46D.    Terms of management banning orders
   46E.    Offence to breach management banning order
   46F.    Procedures relating to management banning order
   46G.    Seeking leave of court
           Note
   46H.    Application for declaration of unfair contract term
   46I.    Declaration of unfair contract terms
   46J.    Standard form contracts
   46K.    Terms that may not be declared to be unfair contract terms
   46L.    When term in consumer contract or specified trade contract is unfair
   46M.    Examples of unfair contract terms

   PART 6 - Miscellaneous provisions

   47.     Power to search
   47A.    Powers conferred by warrant
   47B.    Warrant to be produced
   47C.    Other duties of person who executes a warrant
   47D.    Duty to assist
   47E.    Power to inspect documents and goods
   47F.    Offence to resist, obstruct, or delay
   47G.    Commission may require person to supply information or documents or give evidence
   47H.    Notices
   47I.    Service of notices
   47J.    Offence to contravene section 47G
   47K.    Commission may authorise employees for monitoring and enforcement purposes
   47L.    Powers of authorised employees
   48.     Proceedings privileged
   48A.    Sharing of information and documents with Financial Markets Authority or Takeovers Panel
   48B.    Purpose of sections 48C to 48O (which relate to assistance to overseas regulators)
   48C.    Definitions of terms used in sections 48B to 48O
   48D.    Restrictions on providing compulsorily acquired information and investigative assistance
   48E.    Government-to-government co-operation arrangements
   48F.    Regulator-to-regulator co-operation arrangements
   48G.    Content of co-operation arrangements
   48H.    Procedures relating to co-operation arrangements
   48I.    Providing compulsorily acquired information and investigative assistance
   48J.    Conditions on providing compulsorily acquired information and investigative assistance
   48K.    Notice to persons affected by provision of information
   48L.    Reporting on use of co-operation arrangements
   48M.    Sharing of non-compulsorily acquired information not affected
   48N.    Information provided by consent
   48O.    Maintenance of privilege
   48P.    Proceedings relating to financial products or financial services
   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
   48T.    Powers of Commission to prohibit disclosure of information, documents, and evidence
   49.     Repeals and consequential amendments
   50.     Saving of other laws
   51.     Application of Act to goods that are, or may be, exported to China
           SCHEDULE 1AA
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3