Plain language law

New Zealand law explained for everyone

Fair Trading Act 1986

Unfair conduct - Unsubstantiated representations

12D: Section 12A subject to other enactments

You could also call this:

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

Section 12A doesn’t apply to you if you’re making a statement about your job or business, and there’s already another law that tells you how to make those statements. This other law might have stricter or easier rules than Section 12A. As long as you follow the rules in that other law, you don’t have to worry about Section 12A.

For example, if you’re a doctor and there’s a special law about how doctors should talk about their work, you just need to follow that law. You don’t also have to follow Section 12A when you’re talking about your work as a doctor.

Remember, this only works if you’re actually following the rules in the other law. If you don’t follow those rules, then Section 12A might still apply to you.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6156610.

Topics:
Business > Fair trading
Rights and equality > Anti-discrimination
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12C: Limitation on commencement of proceedings in relation to unsubstantiated representations, or

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

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13: False or misleading representations, or

“No lying or tricking when buying or selling things”

Part 1 Unfair conduct
Unsubstantiated representations

12DSection 12A subject to other enactments

  1. Section 12A does not apply to a representation made by a person in a particular trade, business, industry, profession, occupation, activity of commerce, or undertaking if, when the representation is made,—

  2. another enactment sets out requirements relating to the grounds on which representations may be made by a person in that trade, business, industry, profession, occupation, activity of commerce, or undertaking (whether more or less onerous than Section 12A); and
    1. the person complies with those requirements.

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