Commerce Act 1986

Restrictive trade practices - Resale price maintenance

41: Preventing the supply of goods

You could also call this:

"Stopping unfair deals when buying or selling goods"

When you look at how goods are supplied, you need to consider what is fair. You are preventing the supply of goods if you refuse to supply them unless the buyer agrees to unfair terms. This can also happen if you supply goods on terms that are not as good as the terms you offer to other buyers.

If you are buying goods, your acquisition of those goods is prevented if the seller refuses to sell them to you unless you agree to unfair terms. You are also being treated unfairly if the seller sells you goods on terms that are not as good as the terms they offer to other buyers. This can be about when, how, or where the goods are delivered, or other conditions of the 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=DLM88403.

Topics:

Money and consumer rights > Consumer protectionBusiness > Fair trading

40: Withholding the supply of goods, or

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

42: Special evidentiary provisions in respect of certain resale price maintenance practices, or

"Rules for proving a supplier fixed prices unfairly"

Part 2Restrictive trade practices
Resale price maintenance

41Preventing the supply of goods

For the purposes of section 38,—
the supply of goods shall be deemed to be prevented if—
1. the supply of those goods is refused except on terms that are disadvantageous to the person acquiring the goods; or
2. the supply of those goods is on terms which are less favourable, whether in respect of time, method, or place of delivery, or otherwise, than the person who supplies the goods treats other persons to whom the same or similar goods are supplied:
the acquisition of goods shall be deemed to be prevented if—
1. the acquisition of those goods is refused except on terms that are disadvantageous to the person supplying the goods; or
2. the acquisition of those goods is on terms which are less favourable, whether in respect of time, method, or place of delivery, or otherwise, than the person who acquires the goods treats other persons from whom the same or similar goods are acquired.