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Fair Trading Act 1986

Unfair conduct - Unfair practices

21D: Regulations

You could also call this:

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

The Governor-General can make rules about unsolicited goods or services. These rules are called regulations. To make these regulations, the Governor-General needs a recommendation from the Minister.

The regulations can do two things:

  1. They can say what statement needs to be included when someone sends you unsolicited goods or services. This includes how big the words should be and how the statement should look.

  2. They can say how, when, and to whom this statement should be given.

Before the Minister can recommend these regulations, they need to talk to people who might be affected by them. These people get a chance to share their thoughts with the Minister. The Minister must think about what these people say.

If the Minister forgets to talk to people before recommending the regulations, it doesn’t mean the regulations are wrong or can’t be used.

These regulations are a type of law called secondary legislation. This means they need to be published in a special way, which you can find out about in Part 3 of the Legislation Act 2019.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6156616.

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

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22: Misleading representations about certain business activities, or

“Don't lie about home businesses or money-making opportunities”

Part 1 Unfair conduct
Unfair practices

21DRegulations

  1. The Governor-General may, by Order in Council made on the recommendation of the Minister in accordance with subsection (2), make regulations, in relation to unsolicited goods or unsolicited services or both, for all or any of the following purposes:

  2. prescribing a statement for the purposes of section 21C(2)(a), including the size of the lettering of the words in, and the format of, the statement:
    1. prescribing how, when, and to whom a statement prescribed under paragraph (a) must be provided.

      1. The Minister must not make a recommendation under this section unless—

      2. the Minister has consulted such persons or representatives of such persons as the Minister considers will be substantially affected by any Order in Council made in accordance with the recommendation, and those persons have had the opportunity to comment to the Minister; and
        1. the Minister has considered any such comments.

          1. A failure to comply with subsection (2) does not affect the validity of any regulations made under this section.

          2. Regulations under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

          Notes
          • Section 21D: inserted, on , by section 13 of the Fair Trading Amendment Act 2013 (2013 No 143).
          • Section 21D(4): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).