Plain language law

New Zealand law explained for everyone

Fair Trading Act 1986

Unfair conduct - False representations

13: False or misleading representations

You could also call this:

“No lying or tricking when buying or selling things”

When you’re buying or selling things, or when someone is trying to get you to buy something, they’re not allowed to tell lies or trick you. This law says that people can’t make false or misleading claims about:

What something is made of, how good it is, or how it was made or used before.

What kind of service they’re offering, how good it is, or who’s providing it.

Whether someone has agreed to buy something.

If something is new or has been fixed up, or when it was made.

If something has special features, works in a certain way, or comes with extras.

If a person or company supports or approves of something.

How much something costs.

Whether you really need to buy something.

What rights or guarantees you have when you buy something, including those in the Consumer Guarantees Act 1993.

Where something comes from.

This rule is there to make sure you get honest information when you’re shopping or considering a purchase.

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 It might be out of date or be missing some parts.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=DLM96908.

Topics:
Business > Fair trading
Money and consumer rights > Consumer protection
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Part 1 Unfair conduct
False representations

13False or misleading representations

  1. No person shall, in trade, in connection with the supply or possible supply of goods or services or with the promotion by any means of the supply or use of goods or services,—

  2. make a false or misleading representation that goods are of a particular kind, standard, quality, grade, quantity, composition, style, or model, or have had a particular history or particular previous use; or
    1. make a false or misleading representation that services are of a particular kind, standard, quality, or quantity, or that they are supplied by any particular person or by any person of a particular trade, qualification, or skill, or by a person who has other particular characteristics; or
      1. make a false or misleading representation that a particular person has agreed to acquire goods or services; or
        1. make a false or misleading representation that goods are new, or that they are reconditioned, or that they were manufactured, produced, processed, or reconditioned at a particular time; or
          1. make a false or misleading representation that goods or services have any sponsorship, approval, endorsement, performance characteristics, accessories, uses, or benefits; or
            1. make a false or misleading representation that a person has any sponsorship, approval, endorsement, or affiliation; or
              1. make a false or misleading representation with respect to the price of any goods or services; or
                1. make a false or misleading representation concerning the need for any goods or services; or
                  1. make a false or misleading representation concerning the existence, exclusion, or effect of any condition, warranty, guarantee, right, or remedy, including (to avoid doubt) in relation to any guarantee, right, or remedy available under the Consumer Guarantees Act 1993; or
                    1. make a false or misleading representation concerning the place of origin of goods or services.

                      Notes
                      • Section 13 heading: amended, on , by section 3(b) of the Fair Trading Amendment Act 2000 (2000 No 64).
                      • Section 13(a): amended, on , by section 3(a) of the Fair Trading Amendment Act 2000 (2000 No 64).
                      • Section 13(b): amended, on , by section 11(1) of the Fair Trading Amendment Act 2013 (2013 No 143).
                      • Section 13(b): amended, on , by section 3(a) of the Fair Trading Amendment Act 2000 (2000 No 64).
                      • Section 13(c): amended, on , by section 3(a) of the Fair Trading Amendment Act 2000 (2000 No 64).
                      • Section 13(d): amended, on , by section 3(a) of the Fair Trading Amendment Act 2000 (2000 No 64).
                      • Section 13(e): amended, on , by section 3(a) of the Fair Trading Amendment Act 2000 (2000 No 64).
                      • Section 13(f): amended, on , by section 3(a) of the Fair Trading Amendment Act 2000 (2000 No 64).
                      • Section 13(i): amended, on , by section 11(2) of the Fair Trading Amendment Act 2013 (2013 No 143).
                      • Section 13(j): amended, on , by section 11(3) of the Fair Trading Amendment Act 2013 (2013 No 143).