This Act applies to the Crown when it is trading. You need to know the Crown is not like other people, it cannot be taken to court for breaking the law. If the Crown breaks the law, you or the Commission can ask the High Court to say so.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM96492.

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

Topics:

Money and consumer rights > Consumer protectionGovernment and voting > Government departments

3: Application of Act to conduct outside New Zealand, or

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

5: Application of Act to Crown corporations, or

"The law applies to Government companies involved in trade."

4Application of Act to the Crown

Subject to this section, this Act shall bind the Crown in so far as the Crown engages in trade.
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 18 December 2013, by section 7 of the Fair Trading Amendment Act 2013 (2013 No 143).