Fair Trading Act 1986

Consumer transactions and auctions - Extended warranties

36W: Regulations

You could also call this:

“Rules about extended warranties can be made by the Governor-General”

The Governor-General can make rules about extended warranty agreements. These rules can say what information needs to be in a statement about the warranty, how big the words should be, and what the statement should look like. The rules can also say how, when, and to whom this statement should be given.

Before making these rules, the Minister must talk to people who will be affected by them. The Minister needs to let these people share their thoughts and must think about what they say. However, if the Minister forgets to do this, the rules can still be valid.

These rules are called secondary legislation. This means they are a type of law, but they’re not made by Parliament directly.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6156657.

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

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Part 4A Consumer transactions and auctions
Extended warranties

36WRegulations

  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 extended warranty agreements, for all or any of the following purposes:

  2. prescribing a statement for the purposes of providing the information specified in section 36U(2), 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 regulations 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 36W: inserted, on , by section 23 of the Fair Trading Amendment Act 2013 (2013 No 143).
          • Section 36W(4): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).