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Acts
Fair Trading Act 1986
Enforcement and remedies
Offences
40F: What Commission does with infringement fees

1Short Title and commencement 1APurpose 2Interpretation 2ATransitional, savings, and related provisions 3Application of Act to conduct outside New Zealand 4Application of Act to the Crown 5Application of Act to Crown corporations 5ANo liability under Act if not liable under Securities Act 1978 or Securities Markets Act 1988 5BAct does not apply to certain conduct regulated by Takeovers Code 5CNo contracting out: general rule 5DNo contracting out: exception for parties in trade 6Functions of Commission in relation to dissemination of information 7Money to be appropriated by Parliament for purposes of this Act 8Annual report

Part 1:
Unfair conduct

Part 2:
Consumer information

27Consumer information standards 28Compliance with consumer information standards 28ARegulations relating to disclosure by fund-raisers making requests for charitable purposes 28BDisclosure of trader status on Internet

Part 3:
Product safety

29Product safety standards 30Compliance with product safety standards 30AProduct safety policy statements 30BReview of product safety policy statements 31Unsafe goods 31AVoluntary product recall 32Compulsory product recall 33Importation of certain goods prohibited

Product safety officers

33AAppointment of product safety officers 33BCertificates of appointment 33CPowers of product safety officers 33DSuspension of supply notices

Part 4:
Safety of services

34Meaning of services 35Safety standards in respect of services 36Compliance with services safety standards

Part 4A:
Consumer transactions and auctions

36APurpose of Part

Layby sales

36BMeaning of layby sale agreement 36CDisclosure requirements relating to layby sale agreement 36DFurther disclosure if requested by consumer 36ERisk in goods 36FCancellation of layby sale agreement by consumer 36GCancellation of layby sale agreement by supplier 36HEffect of cancellation of layby sale agreement 36IBankruptcy, receivership, liquidation, or voluntary administration of supplier: completion of layby sale agreement 36JBankruptcy, receivership, or liquidation of supplier: consumer priority

Uninvited direct sales

Extended warranties

36TMeaning of extended warranty agreement and related definitions 36UDisclosure requirements relating to extended warranty agreements 36VCancellation of extended warranty agreement 36WRegulations

Auctions

36XDefinitions 36YApplication of subpart 36ZEach lot is separate contract of sale 36ZAStart and end of auction 36ZBNotice to participants 36ZCVendors selling in trade 36ZDVendor bids 36ZEBids may be withdrawn until end of auction 36ZFAccount and payment of proceeds

Part 5:
Enforcement and remedies

Jurisdiction of courts

37Jurisdiction of High Court 38Jurisdiction of District Court 39Jurisdiction of Disputes Tribunal

Offences

40Contraventions of provisions of Parts 1 to 4A an offence 40AAdditional penalty for contravention of section 24 involving commercial gain 40BInfringement offence, etc, defined 40CInfringement offence alleged 40DIssue of infringement notice 40EProcedural requirements for infringement notices 40FWhat Commission does with infringement fees 40GEffect of infringement notice 40HRegulations relating to infringement offences

Civil proceedings

41Injunctions may be granted by court for contravention of Part 1, Part 2, Part 3, and Part 4 42Order to disclose information or publish advertisement 43Other orders 43AApplication for order under section 43 43BLimits on jurisdiction of District Court and Disputes Tribunal to make orders under section 43 44Defences 45Conduct by servants or agents 46Finding in proceedings to be evidence

Enforceable undertakings

46ACommission may accept undertakings 46AAMatters included in undertakings 46BEnforcement of undertakings

Management banning orders

46CManagement banning orders 46DTerms of management banning orders 46EOffence to breach management banning order 46FProcedures relating to management banning order 46GSeeking leave of court

Declaration of unfair contract terms

46HApplication for declaration of unfair contract term 46IDeclaration of unfair contract terms 46JStandard form contracts 46KTerms that may not be declared to be unfair contract terms 46LWhen term in consumer contract or specified trade contract is unfair 46MExamples of unfair contract terms

Part 6:
Miscellaneous provisions

47Power to search 47APowers conferred by warrant 47BWarrant to be produced 47COther duties of person who executes a warrant 47DDuty to assist 47EPower to inspect documents and goods 47FOffence to resist, obstruct, or delay 47GCommission may require person to supply information or documents or give evidence 47HNotices 47IService of notices 47JOffence to contravene section 47G 47KCommission may authorise employees for monitoring and enforcement purposes 47LPowers of authorised employees 48Proceedings privileged 48ASharing of information and documents with Financial Markets Authority or Takeovers Panel 48BPurpose of sections 48C to 48O (which relate to assistance to overseas regulators)48CDefinitions of terms used in sections 48B to 48O 48DRestrictions on providing compulsorily acquired information and investigative assistance 48EGovernment-to-government co-operation arrangements 48FRegulator-to-regulator co-operation arrangements 48GContent of co-operation arrangements 48HProcedures relating to co-operation arrangements 48IProviding compulsorily acquired information and investigative assistance 48JConditions on providing compulsorily acquired information and investigative assistance 48KNotice to persons affected by provision of information 48LReporting on use of co-operation arrangements 48MSharing of non-compulsorily acquired information not affected 48NInformation provided by consent 48OMaintenance of privilege 48PProceedings relating to financial products or financial services 48QNo pecuniary penalty and fine for same conduct involving financial products or financial services 48RUnsubstantiated representations prohibition does not apply to financial markets disclosure 48SCertain conduct under Financial Markets Conduct Act 2013 does not contravene various provisions of this Act 48TPowers of Commission to prohibit disclosure of information, documents, and evidence 49Repeals and consequential amendments 50Saving of other laws 51Application of Act to goods that are, or may be, exported to China

Schedule 1AA:
Transitional, savings, and related provisions

Schedule 1:
Enactment amended

Schedule 2:
Enactments repealed

Schedule 3:
Orders and notices revoked

Summary of changes

Fair Trading Act 1986

Enforcement and remedies - Offences

40F: What Commission does with infringement fees

You could also call this:

"What happens to the money from infringement fees"

The Commission gets infringement fees. You want to know what they do with this money. They pay it into a Crown Bank Account.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6156686.

This page was last updated on 10 December 2025 — View changes

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40E: Procedural requirements for infringement notices, or

"Rules for Giving and Dealing with Infringement Notices"

40G: Effect of infringement notice, or

"An infringement notice protects you from getting a criminal record"

Part 5Enforcement and remedies
Offences

40FWhat Commission does with infringement fees

The Commission must pay all infringement fees received into a Crown Bank Account.

Compare

1992 No 122 s 165D

Notes

Section 40F: inserted, on 17 June 2014, by section 29 of the Fair Trading Amendment Act 2013 (2013 No 143).