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New Zealand law explained for everyone

Fair Trading Act 1986

Unfair conduct - Unfair practices

21B: Liability of recipient of unsolicited services

You could also call this:

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

If someone provides you with services you didn’t ask for, you don’t have to pay for them. This applies when the person providing the services is doing it as part of their business. You also don’t have to pay for any damage or loss that happens because of these services, unless you deliberately caused the damage yourself.

These services that you didn’t ask for are called ‘unsolicited services’. This means any services given to you without you or anyone acting for you requesting them. However, it’s important to know that this doesn’t include gas or electricity that comes to your home through pipes or wires.

You can find more information about unsolicited services in section 21C.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6156613.

Topics:
Money and consumer rights > Consumer protection
Business > Fair trading
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21A: Liability of recipient of unsolicited goods, or

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

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21C: Prohibition on asserting right to payment in respect of unsolicited goods or unsolicited services, or

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

Part 1 Unfair conduct
Unfair practices

21BLiability of recipient of unsolicited services

  1. If a person, in trade, provides unsolicited services to another person (the recipient), the recipient is not liable—

  2. to pay for the services; or
    1. for any loss or damage resulting from the provision of those services, unless the loss or damage resulted from a deliberate act by the recipient.

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

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

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