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Fair Trading Act 1986

Enforcement and remedies - Civil proceedings

43A: Application for order under section 43

You could also call this:

“How to ask for help if someone breaks the rules in trading”

You can ask a court or the Disputes Tribunal for an order under section 43. You have up to 3 years to do this. The 3 years start from when you found out about the loss or damage, or when you should have reasonably found out about it. This applies whether the loss or damage has already happened, or if it’s likely to happen.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5837787.

Topics:
Business > Fair trading
Money and consumer rights > Consumer protection
Crime and justice > Courts and legal help
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43: Other orders, or

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43B: Limits on jurisdiction of District Court and Disputes Tribunal to make orders under section 43, or

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Part 5 Enforcement and remedies
Civil proceedings

43AApplication for order under section 43

  1. A person may apply to a court or the Disputes Tribunal for an order under section 43 at any time within 3 years after the date on which the loss or damage, or the likelihood of loss or damage, was discovered or ought reasonably to have been discovered.

Notes
  • Section 43A: inserted, on , by section 32 of the Fair Trading Amendment Act 2013 (2013 No 143).
  • Section 43A: amended, on , by section 261 of the District Court Act 2016 (2016 No 49).