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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:

“Rules for which courts can make orders based on how much money is involved”

This law explains when the District Court and Disputes Tribunal can make orders under section 43 of the Fair Trading Act.

You should know that the District Court can’t make an order if the value involved is more than $350,000 or the amount specified in section 74 of the District Court Act 2016, whichever is higher.

The Disputes Tribunal has limits too. It can’t make an order if the value is more than $30,000 or the amount specified in section 10(1A)(b) of the Disputes Tribunal Act 1988, whichever is higher.

The law also explains how to figure out the values for different types of orders. For example, if the order is about refunding money or returning property, the value is the amount of money or the value of the property. If it’s about repairing goods, the value is the cost of the repair work or the parts needed.

These rules help make sure that cases are handled by the right court based on how much money or value is involved.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5837788.

Topics:
Business > Fair trading
Money and consumer rights > Consumer protection
Crime and justice > Courts and legal help
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Part 5 Enforcement 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. $30,000:
    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 340(2) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
                  • 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).