Plain language law

New Zealand law explained for everyone

Fair Trading Act 1986

4: Application of Act to the Crown

You could also call this:

“The government must follow fair trading rules when doing business”

This law applies to the government (called “the Crown”) when it is involved in trade. Here’s what you need to know:

The government has to follow this law when it does business, just like everyone else.

If someone thinks the government broke this law, they can’t take the government to court for it. Instead, they can ask a special court called the High Court to say that the government did something wrong.

The Commerce Commission or someone directly affected by what the government did can ask the High Court to look at it. If the High Court is really sure that the government broke the law, they can say so officially.

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 It might be out of date or be missing some parts.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=DLM96492.

Topics:
Business > Fair trading
Government and voting > Government departments
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3: Application of Act to conduct outside New Zealand, or

“New Zealand's fair trading rules apply even when you're overseas”

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5: Application of Act to Crown corporations, or

“The law applies to government businesses just like other businesses”

4Application of Act to the Crown

  1. Subject to this section, this Act shall bind the Crown in so far as the Crown engages in trade.

  2. The Crown shall not be liable to be prosecuted for an offence against this Act but in any case where it is alleged that the Crown has contravened any provision of this Act and that contravention constitutes an offence, the Commission or the person directly affected by the contravention may apply to the High Court for a declaration that the Crown has contravened that provision; and, if the High Court is satisfied beyond a reasonable doubt that the Crown has contravened that provision, it may make a declaration accordingly.

Compare
  • 1975 No 113 s 20B
  • 1979 No 140 s 12
Notes
  • Section 4(2): amended, on , by section 7 of the Fair Trading Amendment Act 2013 (2013 No 143).