Commerce Act 1986

Restrictive trade practices - Resale price maintenance

40: Withholding the supply of goods

You could also call this:

"Not supplying goods fairly to someone who asks for them"

When you look at how a supplier treats another person, you need to consider if they are withholding goods. You are withholding goods if you refuse or fail to supply them to someone who asks for them. You are also withholding goods if you only supply them on terms that are bad for the other person.

If you supply goods to someone, but treat them unfairly compared to others who get the same goods, you are withholding goods. This can happen if you make them wait longer, deliver in a different way, or make them pick up the goods from a different place. You are also withholding goods if you get someone else to do these unfair things for you, as explained in section 37(3)(d) and (e).

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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=DLM88402.

Topics:

Money and consumer rights > Consumer protectionBusiness > Fair trading

39: Recommended prices, or

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

41: Preventing the supply of goods, or

"Stopping unfair deals when buying or selling goods"

Part 2Restrictive trade practices
Resale price maintenance

40Withholding the supply of goods

For the purposes of section 37(3)(d) and (e) , the supplier shall be deemed to withhold the supply of goods to another person if—
the supplier refuses or fails to supply those goods to, or as requested by, the other person; or
the supplier refuses to supply those goods except on terms that are disadvantageous to the other person; or
in supplying those goods to the other person, the supplier treats that person less favourably, whether in respect of time, method, or place of delivery, or otherwise, than the supplier treats other persons to whom the supplier supplies the same or similar goods; or
the supplier causes or procures a person to act in relation to the supply of goods in the manner specified in paragraphs (a), (b), or (c), as the case may be.