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Financial Markets Conduct Act 2013

Disclosure of offers of financial products - Advertising

94: Defence for publishers

You could also call this:

"People who publish ads can defend themselves if they didn't know the ad was wrong"

Illustration for Financial Markets Conduct Act 2013

If you are in trouble for breaking a rule in section 89 about advertisements, you can defend yourself. You can say your job is to publish ads and you got the ad as part of your normal work. You must also say you did not know the ad would break the rules in section 89 and you had no reason to think it would.

You received the ad or the information in it as part of your job and you did not suspect it would break the rules. You can use this defence if you can prove these things. This defence is related to a previous law, which you can find at s 44(4).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4091058.

Topics:
Money and consumer rights > Consumer protectionBusiness > Fair trading
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"Documents that don't need to follow these rules"

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Part 3Disclosure of offers of financial products
Advertising

94Defence for publishers

  1. In any proceeding against a person (A) for a contravention of section 89 in relation to 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 section 89.

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