Plain language law

New Zealand law explained for everyone

Weights and Measures Act 1987

Offences and penalties

35: Court may order offender to make good any deficiency

You could also call this:

“Court can make you fix mistakes if you sell less than promised”

If you break the rules about selling the right amount of goods, a court can make you fix your mistake. This can happen if you:

  1. Sell less than you said you would
  2. Give less than what’s written on the package or label
  3. Give less than what you promised to buy

The court can tell you to give the person you shortchanged either more goods or money to make up for what’s missing. This is on top of any other punishment you might get. But this rule doesn’t apply if the person you shortchanged was an inspector.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

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=DLM102956.

Topics:
Money and consumer rights > Consumer protection Crime and justice > Courts and legal help
Previous

34: Forfeitures, or

"What happens to things used in breaking weight and measure laws"

Next

36: Proceedings in relation to offences, or

"How legal cases are started and handled when someone breaks weighing and measuring rules"

Part 6 Offences and penalties

35Court may order offender to make good any deficiency

  1. Where any person is convicted of any offence against section 16 or section 16A or section 17, the convicting court, in addition to, or instead of, imposing any other sentence or making any other order, may order the convicted person,—

  2. if the offence was committed against section 16, to make good to the person in respect of whom the offence was committed (other than an Inspector), either in goods or in money, the deficiency between the quantity of goods actually delivered and that charged for or purported to be sold; or
    1. if the offence was committed against section 16A, to make good to the person in respect of whom the offence was committed (other than an Inspector), either in goods or in money, the deficiency between the quantity of goods actually delivered and that stated on the package or label; or
      1. where the offence was committed against section 17, to make good to the person (other than an Inspector) in respect of whom the offence was committed, the deficiency between the quantity of goods actually purchased and that which the convicted person contracted to purchase.

        Notes
        • Section 35: amended, on , by section 9(1) of the Weights and Measures Amendment Act 2000 (2000 No 86).
        • Section 35(a): substituted, on , by section 9(2) of the Weights and Measures Amendment Act 2000 (2000 No 86).
        • Section 35(aa): inserted, on , by section 9(2) of the Weights and Measures Amendment Act 2000 (2000 No 86).