Plain language law

New Zealand law explained for everyone

Fair Trading Act 1986

Unfair conduct - Unsubstantiated representations

12C: Limitation on commencement of proceedings in relation to unsubstantiated representations

You could also call this:

“Only the Commerce Commission can take legal action for claims made without proof”

You need to know that only the Commerce Commission can start legal action or ask for orders or injunctions when someone breaks the rule about making claims without proof. This is different from other parts of the law where anyone might be able to take action. The specific rule they’re talking about is called section 12A, which is about making claims without having evidence to back them up.

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 It might be out of date or be missing some parts.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=DLM6156609.

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

12B: Court must have regard to certain matters, or

“The court considers all the details when someone makes a claim without proof”

Next

12D: Section 12A subject to other enactments, or

“Other laws might replace Section 12A for certain jobs”

Part 1 Unfair conduct
Unsubstantiated representations

12CLimitation on commencement of proceedings in relation to unsubstantiated representations

  1. Despite anything to the contrary in Part 5, only the Commission may commence proceedings, apply for an order, or apply for an injunction in relation to a contravention of section 12A.

Notes
  • Section 12C: inserted, on , by section 10 of the Fair Trading Amendment Act 2013 (2013 No 143).