Plain language law

New Zealand law explained for everyone

Fair Trading Act 1986

Unfair conduct - Unfair practices

21A: Liability of recipient of unsolicited goods

You could also call this:

“What happens if you get stuff you didn't ask for in the mail”

If someone sends you goods you didn’t ask for, you don’t have to pay for them. You also don’t have to pay if they get lost or damaged, unless you damaged them on purpose. But you do need to keep the goods safe for 10 working days after you get them, in case the sender wants to collect them.

If the sender is a business, they must tell you about these rights when they give you the goods.

After the 10 days are up, or if the business didn’t tell you about your rights, you can keep the goods as a free gift. No one else can claim the goods from you.

But this doesn’t apply if you didn’t keep the goods safe for 10 days without a good reason, or if you knew the goods weren’t meant for you or that the sender shouldn’t have sent them to you.

If you don’t keep the goods safe for 10 days, you’re not breaking the law, but you can’t keep them as a free gift.

‘Unsolicited goods’ means things sent to you that you didn’t ask for. This doesn’t include gas or electricity that comes to your house through pipes or wires.

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 It might be out of date or be missing some parts.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=DLM6156611.

Topics:
Money and consumer rights > Consumer protection
Business > Fair trading
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21: Demanding or accepting payment without intending to supply as ordered, or

“It's against the law to take money for things you don't plan to give”

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21B: Liability of recipient of unsolicited services, or

“You don't have to pay for services you didn't ask for”

Part 1 Unfair conduct
Unfair practices

21ALiability of recipient of unsolicited goods

  1. If a person (the sender) sends or delivers unsolicited goods to another person (the recipient), the recipient—

  2. is not liable—
    1. to pay for the goods; or
      1. for any loss of, or damage to, the goods, unless the loss or damage resulted from a deliberate act by the recipient; but
      2. must, at any reasonable time during the period of 10 working days after the day on which the recipient receives those goods, make those goods available for collection by, or on behalf of, the sender.

        1. If the sender is in trade, the sender must, at the time the goods are delivered (whether by the sender or by any other person on behalf of the sender), inform the recipient of the recipient's rights and obligations under subsection (1).

        2. Subsection (4) applies if—

        3. the period referred to in subsection (1)(b) has expired; or
          1. a sender has failed to comply with subsection (2) (whether or not the period referred to in subsection (1)(b) has expired).

            1. If this subsection applies,—

            2. the recipient takes the goods as an unconditional gift; and
              1. all interests that any other person had in the goods are extinguished; and
                1. no action may be taken by any person for the recovery of the goods from the recipient.

                  1. However, subsection (4) does not apply if the recipient—

                  2. has failed, without reasonable excuse, to comply with subsection (1)(b); or
                    1. knew, or ought reasonably to have known, that—
                      1. the goods were not intended for the recipient; or
                        1. the sender had no right to send or deliver, or arrange for the delivery of, those goods to the recipient.

                        2. To avoid doubt,—

                        3. a recipient does not commit an offence by failing to comply with subsection (1)(b); but
                          1. the consequence of such failure is that the recipient is unable to rely on subsection (4).

                            1. In this section and section 21C, unsolicited goods—

                            2. means goods that have been sent or delivered to a recipient without any request for those goods having been made by, or on behalf of, that recipient; but
                              1. does not include reticulated gas or electricity.

                                Notes
                                • Section 21A: inserted, on , by section 13 of the Fair Trading Amendment Act 2013 (2013 No 143).