Commerce Act 1986

Restrictive trade practices - Resale price maintenance

38: Resale price maintenance by others prohibited

You could also call this:

"You can't control the price others sell things for"

You cannot tell someone else what price to sell something for. If you try to stop someone from selling something at a lower price, that is not allowed. You also cannot work with someone else to stop someone from selling something at a lower price. If someone says you should not sell something for less than a certain price, that is like setting a price themselves. When this law talks about selling something, it also means advertising it for sale, displaying it for sale, or offering it for sale.

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This page was last updated on 31 August 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM88295.

Topics:

Business > Fair tradingMoney and consumer rights > Consumer protection

37: Resale price maintenance by suppliers prohibited, or

"You can't force someone to sell things at a certain price."

39: Recommended prices, or

"What you need to know about prices suggested by suppliers when selling goods"

Part 2Restrictive trade practices
Resale price maintenance

38Resale price maintenance by others prohibited

No person (in this section referred to as the third party) shall—
make it known to another person that the third party proposes to engage in conduct, whether alone or in concert with any other person, that will hinder or prevent the supply of any goods to, or the acquisition of any goods from, that person unless that person agrees not to sell those goods at a price less than the price specified by the third party; or
engage in conduct, whether alone or in concert with any other person, that will hinder or prevent the supply of goods to, or the acquisition of goods from, another person for the purpose of inducing that person not to sell those goods at a price less than a price specified by the third party.

For the purposes of subsection (1),—
where the third party makes it known, in respect of any goods, that the price below which those goods are not to be sold is a price specified by another person in respect of those goods, or in respect of goods of a like description, that price shall be deemed to have been specified in respect of the first-mentioned goods, by the third party:
where a set form, method, or formula is specified by or on behalf of the third party and a price may be ascertained by calculation from, or by reference to, that set form, method, or formula, that price shall be deemed to have been specified by the third party:
where the third party makes it known, in respect of any goods, that the price below which those goods are not to be sold is a price ascertained by calculation from or by reference to a set form, method, or formula specified by another person in respect of those goods, or in respect of goods of a like description, that price shall be deemed to have been specified, in respect of the first-mentioned goods, by the third party:
where the third party makes a statement to another person of a price that is likely to be understood by that person as the price below which goods are not to be sold, that price shall be deemed to have been specified by the third party as the price below which the goods are not to be sold:
anything done by a person acting on behalf of, or by arrangement with, the third party shall be deemed to have been done by the third party.

For the purposes of this section sale includes advertise for sale, display for sale, and offer for sale, and sell, selling, and sold have corresponding meanings.