Plain language law

New Zealand law explained for everyone

Fair Trading Act 1986

You could also call this:

If you buy something at an auction, the Consumer Guarantees Act 1993 might not apply. This can happen when:

You’re buying something that people usually use at home, like furniture or toys.

The person selling it is doing so as part of their business.

You’re buying it for your own business, not for personal use.

The auction notice clearly says that the Consumer Guarantees Act 1993 doesn’t apply in this situation.

If all these things are true, then the Consumer Guarantees Act 1993 won’t protect you as the buyer from the seller in this auction.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6156670.

Topics:

Money and consumer rights > Consumer protection

Business > Fair trading

36ZB: Notice to participants, or

“Rules for joining an auction must be clearly shown to everyone taking part”

36ZD: Vendor bids, or

“Rules about sellers bidding on their own items at auctions”

The Consumer Guarantees Act 1993 does not apply to goods sold at auction if—
the goods are goods that are ordinarily acquired for personal, domestic, or household use; and
the vendor is selling the goods in trade as a supplier (within the meaning of the Consumer Guarantees Act 1993); and
the goods are acquired in trade; and
the notice of the terms of the auction specifies that in the circumstances described in paragraphs (a) to (c) the Consumer Guarantees Act 1993 does not apply as between the vendor and the purchaser.

Notes

Section 36ZC: inserted, on 17 June 2014, by section 23 of the Fair Trading Amendment Act 2013 (2013 No 143).