Fair Trading Act 1986

Enforcement and remedies - Offences

40B: Infringement offence, etc, defined

You could also call this:

“What are infringement offences and how much do they cost?”

In this law, there are some special words you need to know about. These words are about something called an “infringement offence”.

An infringement fee is money you might have to pay if you break certain rules. It’s not more than $2,000, and the exact amount is set by other rules.

An infringement notice is a special piece of paper you might get if you break certain rules. It tells you what you did wrong and what you need to do about it.

An infringement offence is when you break certain rules. These rules include:

Not following an order to stop selling something that might be unsafe. Not giving customers the right information about products. Not telling people you’re a business when you’re selling things online. Not following the rules about layby sales, which is when you pay for something bit by bit before you get it. Not following the rules about door-to-door sales. Not following the rules about extended warranties, which are extra promises about fixing or replacing things you buy.

If you break these rules, you might get an infringement notice and have to pay an infringement fee.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6156675.

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

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40C: Infringement offence alleged, or

“What happens when someone is accused of breaking a minor rule”

Part 5 Enforcement and remedies
Offences

40BInfringement offence, etc, defined

  1. In this Act, unless the context otherwise requires,—

    infringement fee means the amount, not exceeding $2,000, that is prescribed by regulations made under section 40H as the amount payable in respect of an infringement offence for which an infringement notice has been issued

      infringement notice means a notice, in the form prescribed by regulations made under section 40H and issued under section 40D, in respect of an infringement offence

        infringement offence means any of the following:

        1. an offence against section 40(1) of failing to comply with a suspension of supply notice issued under section 33D:
          1. an offence against section 40(1B) involving the contravention of section 28 (consumer information standards):
            1. an offence against section 40(1B) of failing to comply with section 28B(2) or (3) (disclosure of trader status on Internet):
              1. an offence against section 40(1B) involving the contravention of any of the following provisions of Part 4A:
                1. section 36C (layby disclosure requirements):
                  1. section 36D (further layby disclosure requirements):
                    1. section 36L (uninvited direct sale disclosure requirements):
                      1. section 36U (extended warranty disclosure requirements).

                    Notes
                    • Section 40B: inserted, on , by section 29 of the Fair Trading Amendment Act 2013 (2013 No 143).