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Financial Markets Conduct Act 2013

Fair dealing - Misleading or deceptive conduct, false or misleading representations, and unsubstantiated representations

30: Defence for publisher

You could also call this:

"Protection for people who accidentally publish illegal ads as part of their job"

If you publish an advertisement that breaks the law, you might have a defence. You can use this defence if your job is to publish or arrange for the publication of advertisements. You must have received the advertisement in the normal course of your business and not known it would break the law.

You also must not have had any reason to suspect the advertisement would break the law, such as sections 19 to 23. If you can prove these things, you might not be in trouble for publishing the advertisement. This defence is for people who publish advertisements as part of their business.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4090959.

Topics:
Money and consumer rights > Consumer protectionBusiness > Industry rulesBusiness > Fair trading
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Part 2Fair dealing
Misleading or deceptive conduct, false or misleading representations, and unsubstantiated representations

30Defence for publisher

  1. In any proceeding against a person (A) for contravention of any of sections 19 to 23 committed by the publication of an advertisement, it is a defence if A proves that—

  2. A's business is publishing or arranging for the publication of advertisements; and
    1. A received the advertisement, or the information contained in the advertisement, as the case may be, in the ordinary course of that business and did not know and had no reason to suspect that the publication of the advertisement or the publication of the advertisement containing that information, as the case may be, would constitute a contravention of the provision.

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