Plain language law

New Zealand law explained for everyone

Fair Trading Act 1986

Product safety

31A: Voluntary product recall

You could also call this:

“When companies choose to take back unsafe products, they must tell the government quickly”

When a supplier decides to recall goods because they might cause injury or don’t meet safety standards, they need to tell the chief executive about it within two working days. This only applies if there’s no other law that requires them to report it or do something else about it.

The supplier must give the chief executive a notice written in plain language. This notice needs to include:

  1. A clear description of the goods so you can easily identify them.
  2. An explanation of the danger that led to the recall.
  3. Instructions on what you should do, like how to stay safe, how to fix the problem, or where to take the goods for repair, replacement, or refund.
  4. The supplier’s contact details, including their name, address, phone number, and email.

The chief executive will make sure this notice is available on a government website for at least two years. They might also share it in other ways to help people know about the recall.

In this law, a ‘government agency’ means a department or Crown entity.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5837727.

Topics:
Business > Fair trading
Business > Industry rules
Money and consumer rights > Consumer protection
Previous

31: Unsafe goods, or

“The government can stop people from selling things that might hurt you”

Next

32: Compulsory product recall, or

“The government can force companies to take back unsafe products”

Part 3 Product safety

31AVoluntary product recall

  1. This section applies if—

  2. a supplier voluntarily recalls goods because—
    1. the goods will, or may, cause injury to any person; or
      1. a reasonably foreseeable use (including misuse) of the goods will, or may, cause injury to any person; or
        1. the goods do not comply with a product safety standard; and
        2. there is no other requirement, under any other enactment, for a supplier in those circumstances to—
          1. report to a government agency; or
            1. do any other thing in relation to goods of a kind referred to in paragraph (a) (for example, to have in place a process for the voluntary recall of goods of that kind).

            2. The supplier must, within 2 working days after recalling the goods, notify the chief executive of the recall.

            3. A notice under subsection (2) must be expressed in plain language and must contain the following information:

            4. a description of the goods, with sufficient detail to enable a consumer to readily identify the goods to which the notice relates; and
              1. a description of the danger (including the risk of damage or harm occurring as a result of that danger) that led to the goods being recalled; and
                1. details of what a consumer needs to do in response to the recall, including, as the case may be,—
                  1. any precautions the consumer should take to avoid or reduce the risk of injury from the goods:
                    1. how to rectify the issue that led to the goods being recalled:
                      1. where to take the goods for repair, replacement, or refund; and
                      2. the supplier's name, street address, telephone number, and email address.

                        1. The chief executive—

                        2. must ensure that a copy of every notice under this section is available to the public, at all reasonable times, on an Internet site maintained by or on behalf of the Ministry, for at least 2 years after the date on which the voluntary recall was notified to the chief executive in accordance with subsection (2); and
                          1. may make copies of notices available in any other way that the chief executive considers appropriate in the circumstances.

                            1. In subsection (1)(b), government agency means a department or Crown entity.

                            Notes
                            • Section 31A: inserted, on , by section 20 of the Fair Trading Amendment Act 2013 (2013 No 143).