Plain language law

New Zealand law explained for everyone

Fair Trading Act 1986

Miscellaneous provisions

47L: Powers of authorised employees

You could also call this:

“What employees can do to check if shops are following the rules”

You should know about the powers of authorised employees when it comes to checking goods and services for safety and correct information. These employees can go into shops and other places where people buy things, but not into homes without permission or a special warrant.

When they visit these places, the employees can do several things. They can look at the goods, take photos, and even buy them. They can ask the person in charge for their name and ID. They can also ask for information about the goods or services that customers usually get.

The employees can ask where the goods came from and who they were sold to. If someone is delivering goods, the employees can ask for their name, address, and information about their employer.

These employees can also give out fines if they find something wrong. If they need to check a home, they need permission or a special warrant from a judge. They have to follow certain rules when asking for this warrant.

There are also some other laws that apply to how these checks are done, which are mentioned in the Search and Surveillance Act.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5838542.

Topics:
Money and consumer rights > Consumer protection
Business > Fair trading
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47K: Commission may authorise employees for monitoring and enforcement purposes, or

“Commission can give staff permission to check and enforce rules about product safety and information”

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Part 6 Miscellaneous provisions

47LPowers of authorised employees

  1. In this section,—

    place means any place that an authorised employee believes on reasonable grounds is a place at which consumers have access to relevant goods or services, or from which relevant goods are dispatched to consumers

      relevant goods or services means goods or services to which any consumer information standards, product safety standards, unsafe goods notices, suspension of supply notices, or services safety standards apply.

      1. An authorised employee may enter and inspect a place (not being a dwellinghouse), without a warrant, for the purpose of monitoring or enforcing compliance with any consumer information standards, product safety standards, unsafe goods notices, suspension of supply notices, or services safety standards that apply to any relevant goods.

      2. While at the place, an authorised employee may, for the purpose described in subsection (2), do any of the following:

      3. with respect to any goods at the place that are available to consumers for supply or that are dispatched for supply, inspect the goods, photograph them, and purchase them at the price for which they are currently offered for sale:
        1. require the person at the place who appears to be in charge of the supply or dispatch of relevant goods or services at the time (the person in charge) to give his or her name and show to the authorised employee identification sufficient to confirm that the name given is correct:
          1. require the person in charge to give the authorised employee any information about the goods or services that is normally disclosed to a consumer to whom the goods or services are supplied or dispatched:
            1. require the person in charge to identify the person from whom relevant goods were acquired:
              1. if relevant goods have, within a specified period, been supplied in trade to another person other than by retail, require the person in charge to identify the person or persons to whom they have been supplied during that period:
                1. require any person by whom any relevant goods are carried for delivery pursuant to, or in connection with, a contract for sale, to give—
                  1. his or her name and address; and
                    1. the name and address of his or her employer (if any); and
                      1. the name and address of the owner of the goods, if known:
                      2. issue an infringement notice, on behalf of the Commission, under section 40D.

                        1. If an authorised employee enters a dwellinghouse with the permission of the occupier or under a warrant issued under subsection (5), the authorised employee may, for the purpose described in subsection (2), exercise the powers listed in subsection (3).

                        2. An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012) may, by warrant, authorise an authorised employee to enter and inspect a dwellinghouse or any other place specified in the warrant if the issuing officer is satisfied, on application made in accordance with subsection (6), that there are reasonable grounds to believe that a search of the place is necessary for the purpose described in subsection (2).

                        3. The application for a warrant must be made in writing in the manner provided for an application for a search warrant in subpart 3 of Part 4 of the Search and Surveillance Act 2012.

                        4. Part 4 of the Search and Surveillance Act 2012 (except sections 118 and 119) applies.

                        Notes
                        • Section 47L: inserted, on , by section 39 of the Fair Trading Amendment Act 2013 (2013 No 143).