Plain language law

New Zealand law explained for everyone

Fair Trading Act 1986

Unfair conduct - Unfair practices

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

You could also call this:

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

You can’t tell someone they have to pay for things they didn’t ask for. This is about goods (items) or services that you didn’t request.

If you’re selling things, you’re not allowed to say or act like someone owes you money for stuff they didn’t ask for. You also can’t send them a bill for these things.

If you do send a bill or invoice for things they didn’t ask for, it needs to have a special message on it. This message should either be exactly what the rules say it should be, or it should clearly tell the person that they don’t have to pay for the goods or services.

The point is to protect people from having to pay for things they never wanted or asked for in the first place.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6156615.

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

Next

21D: Regulations, or

“Rules for unsolicited goods and services made by the Governor-General”

Part 1 Unfair conduct
Unfair practices

21CProhibition on asserting right to payment in respect of unsolicited goods or unsolicited services

  1. A person must not, in trade,—

  2. assert, or appear to assert, that the person has a right to payment from another person for unsolicited goods or unsolicited services; or
    1. send or deliver to another person an invoice or other document that states the amount of a payment for, or sets out the charge for supplying, unsolicited goods or unsolicited services, unless that invoice or document complies with subsection (2).

      1. The invoice or other document referred to in subsection (1)(b) must—

      2. contain a statement in the form prescribed in regulations made under section 21D; or
        1. if no regulations have been made, clearly inform the recipient that the recipient is under no obligation to make any payment for the goods or services.

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