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Commerce Act 1986

Enforcement, remedies, and appeals - Regulated goods or services

87A: Compensation for contravention of price-quality, quality, or performance requirement

You could also call this:

"Getting paid back if someone breaks a rule and it hurts you"

Illustration for Commerce Act 1986

If a court orders someone to pay a penalty under section 87 for breaking a price-quality, quality, or performance rule, the court can also order them to pay compensation to you if you have suffered or will suffer loss or damage because of their actions. You are called an aggrieved person if this happens to you. The court can make this order to help you.

You or the Commission can ask the court to make this order. The Commission is a group that helps make sure businesses follow the rules.

The court can make an order to pay compensation even if you are not part of the court case. The court can also decide who pays the costs of the court case. You must ask the court for this order within one year of the penalty being ordered.

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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=DLM1688040.

Topics:
Money and consumer rights > Consumer protectionBusiness > Fair trading
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87: Pecuniary penalty for contravening price-quality, quality, or performance requirements, or

"Paying a fine for breaking rules about prices and quality of goods and services"

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87B: Offence relating to price-quality, quality, or performance requirement regulation, or

"Breaking rules about price, quality, or performance of goods and services is an offence"

Part 6Enforcement, remedies, and appeals
Regulated goods or services

87ACompensation for contravention of price-quality, quality, or performance requirement

  1. If the court orders a person to pay a pecuniary penalty under section 87 in respect of the contravention of a price-quality, quality, or performance requirement, the court may, in addition, order the person to pay compensation to any person who has suffered, or is likely to suffer, loss or damage as a result of the contravention (an aggrieved person).

  2. An application for orders under this section may be made by the Commission or any aggrieved person.

  3. The application must be made within 1 year of the date of the pecuniary penalty order.

  4. The court may make an order under this section whether or not any aggrieved person is party to the proceedings.

  5. In proceedings under this section, the court may make such orders as to cost as it thinks fit.

Notes
  • Section 87A: inserted, on , by section 15 of the Commerce Amendment Act 2008 (2008 No 70).
  • Section 87A heading: amended, on , by section 19(1) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
  • Section 87A(1): amended, on , by section 19(2) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).