Plain language law

New Zealand law explained for everyone

Fair Trading Act 1986

Enforcement and remedies - Civil proceedings

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

You could also call this:

"There are limits on how much money the District Court and Disputes Tribunal can order"

Illustration for Fair Trading Act 1986

You can't get an order from the District Court under section 43 if the value is over $350,000. The District Court uses the higher amount between $350,000 and the amount in section 74 of the District Court Act 2016. You can't get an order from the Disputes Tribunal under section 43 if the value is over $60,000 or the amount in section 10(1A)(b) of the Disputes Tribunal Act 1988. The values are based on the type of order you want. For example, if you want to get money back, the value is the amount of money. If you want goods repaired, the value is the cost of the repairs. The values and amounts are different for each type of order. You need to check what type of order you want to get the right value. The values help decide which court can make the order.

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 It might be out of date or be missing some parts.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=DLM5837788.

This page was last updated on — View changes

Topics:
Money and consumer rights > Consumer protectionCrime and justice > Courts and legal help
Previous

43A: Application for order under section 43, or

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

Next

44: Defences, or

"Ways you can defend yourself if someone says you broke the Fair Trading Act"

Part 5Enforcement and remedies
Civil proceedings

43BLimits on jurisdiction of District Court and Disputes Tribunal to make orders under section 43

  1. The District Court must not make an order under section 43 if a value or amount described in subsection (3) exceeds $350,000 or, if greater, the amount specified in section 74 of the District Court Act 2016.

  2. The Disputes Tribunal must not make an order under section 43 if a value or amount described in subsection (3) exceeds whichever is the greatest of the following:

  3. $60,000:
    1. the amount specified in section 10(1A)(b) of the Disputes Tribunal Act 1988.

        1. The values and amounts are as follows:

        2. in the case of an order under section 43(3)(a) or (c), the value of the consideration for the promise or act of any party to the contract or collateral arrangement referred to in that paragraph:
          1. in the case of an order under section 43(3)(e) directing a person to refund money or return property, the amount of money or the value of the property:
            1. in the case of an order under section 43(3)(f) requiring a person to pay an amount, that amount:
              1. in the case of an order under section 43(3)(g) directing a person to repair goods or to provide parts for goods, the value of the work required to repair the goods, or the value of the parts, as the case may be:
                1. in the case of an order under section 43(3)(h) directing a person to supply services, the value of the services.

                  Notes
                  • Section 43B: inserted, on , by section 32 of the Fair Trading Amendment Act 2013 (2013 No 143).
                  • Section 43B(1): replaced, on , by section 261 of the District Court Act 2016 (2016 No 49).
                  • Section 43B(2): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
                  • Section 43B(2)(a): amended, on , by section 10 of the Disputes Tribunal Amendment Act 2025 (2025 No 60).
                  • Section 43B(2)(b): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
                  • Section 43B(2)(c): repealed, on , by section 340(2) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).