Financial Markets Conduct Act 2013

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

27: Section 23 subject to other enactments

You could also call this:

"Section 23 might not apply if another law already covers what you can say in your trade or business."

Illustration for Financial Markets Conduct Act 2013

If you make a representation in a particular trade, business or industry, Section 23 may not apply to you. This is because another law might already have rules about what you can say in that trade, business or industry. You must follow those rules for Section 23 not to apply to your representation, and you can find out more about this in Section 23.

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 It might be out of date or be missing some parts.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 15 July 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5155246.

Topics:

Money and consumer rights > Banking and loansMoney and consumer rights > Consumer protectionBusiness > Industry rulesBusiness > Fair trading

26: Section 23 does not apply to representations in PDSs, register entries, or other disclosure documents, or

"Section 23 doesn't apply to statements in some documents, like disclosure documents or register entries."

28: Certain conduct does not contravene various provisions, or

"Some rule-breaking actions don't break other rules in the Financial Markets Conduct Act."

Part 2Fair dealing
Misleading or deceptive conduct, false or misleading representations, and unsubstantiated representations

27Section 23 subject to other enactments

Section 23 does not apply to a representation made by a person in a particular trade, business, industry, profession, occupation, activity of commerce, or undertaking if, when the representation is made,—
another enactment sets out requirements relating to the grounds on which representations may be made by a person in that trade, business, industry, profession, occupation, activity of commerce, or undertaking (whether more or less onerous than section 23); and
the person complies with those requirements.