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Weights and Measures Act 1987

Sale of goods by weight, measure, or number

16A: Offence to supply weight, measure, or number not in accordance with stated quantity

You could also call this:

“It's against the law to sell things with less inside than what the package says”

This law is about selling things by weight, measure, or number. It says you can’t sell items in a package if the amount inside is less than what the label says.

If you sell something in a package, the weight, measure, or number of the item inside must match what’s written on the package or label. If it doesn’t, you’re breaking the law.

There are some exceptions to this rule. If the package meets certain conditions set by other laws, it’s okay if the amount inside isn’t exactly what the label says.

For some goods that lose moisture over time, you have a way to defend yourself if you’re accused of breaking this law. You can prove that the average amount in a group of packages was correct during a specific time period, and that not too many packages had less than they should.

If you’re selling things that lose moisture, you can also defend yourself by showing that after a certain time, none of the packages had less than they should.

This law helps make sure that when you buy something, you get the amount you’re expecting based on what the package says.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM102564.

Topics:
Money and consumer rights > Consumer protection Business > Fair trading
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16: Offence to supply short weight, measure, or number, or

"It's against the law to give less than what someone paid for when selling things"

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17: Offence for purchaser to state incorrect weight, measure, or number, or

"It's wrong to lie about how much you're buying"

Part 3 Sale of goods by weight, measure, or number

16AOffence to supply weight, measure, or number not in accordance with stated quantity

  1. The following definitions apply in this section:

  2. in subsection (2), person means every person who sells or offers or exposes for sale, or has in that person's possession for sale, by weight, measure, or number, any goods enclosed in a package that states the quantity of the goods or that has a label attached to it stating the quantity of the goods:
    1. in subsection (2), goods includes catch weight goods:
      1. in subsection (3), goods does not include catch weight goods:
        1. in subsections (4) and (5), required period means the period beginning at the time when the package was made up and ending on the seventh day after the day the package was made up.

          1. Every person commits an offence if the weight, measure, or number of the goods in the package is less than that stated on the package or label.

          2. However, the weight, measure, or number of the goods in the package is deemed to be the same as that stated on the package or label if—

          3. the package meets the conditions prescribed by regulations made under section 41A(1)(a); or
            1. the package is 1 package in a lot of packages that meets the conditions prescribed by regulations made under section 41A(1)(b).

              1. A person charged with an offence against this section in respect of a package from a lot of packages containing desiccating goods has a defence if the person proves that—

              2. the weighted average quantity of any sample taken from the lot of packages, as determined in accordance with regulations made under section 41A, was, at all times during the required period, equal to or exceeded the quantity stated on the package or a label attached to it; and
                1. the number of non-standard packages in any sample taken from the lot of packages was, at all times during the required period, equal to or less than the appropriate number specified for the purpose in regulations made under section 41A; and
                  1. there were no inadequate packages, at any time during the required period, in any sample taken from the lot of packages.

                    1. A person charged with an offence against this section in respect of a lot of packages containing desiccating goods also has a defence if the person proves that, at any time after the close of the required period, a sample taken from the lot contained no inadequate packages.

                    2. Repealed
                    Notes
                    • Section 16A: inserted, on , by section 7 of the Weights and Measures Amendment Act 2000 (2000 No 86).
                    • Section 16A(1)(d): added, on , by section 5(1) of the Weights and Measures Amendment Act 2005 (2005 No 118).
                    • Section 16A(4): amended, on , by section 5(2)(a) of the Weights and Measures Amendment Act 2005 (2005 No 118).
                    • Section 16A(4)(a): amended, on , by section 5(2)(b) of the Weights and Measures Amendment Act 2005 (2005 No 118).
                    • Section 16A(4)(b): amended, on , by section 5(2)(c) of the Weights and Measures Amendment Act 2005 (2005 No 118).
                    • Section 16A(4)(c): amended, on , by section 5(2)(d) of the Weights and Measures Amendment Act 2005 (2005 No 118).
                    • Section 16A(5): amended, on , by section 5(3) of the Weights and Measures Amendment Act 2005 (2005 No 118).
                    • Section 16A(6): repealed, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).