Plain language law

New Zealand law explained for everyone

Fair Trading Act 1986

Unfair conduct - False representations

15: Limited application of sections 9 to 14 to news media

You could also call this:

“News companies don't have to follow some rules when sharing information, except for ads”

This law says that sections 9 to 14 of the Fair Trading Act don’t apply to certain things that newspapers and broadcasters do. Here’s what you need to know:

For newspapers, the law doesn’t apply when they publish information, except when it’s an advertisement or when it’s about goods, services, or land that the newspaper (or a company connected to it) is selling or promoting.

For broadcasters, like TV or radio stations, the same rules apply. The law doesn’t cover what they broadcast, unless it’s an ad or about things they (or a connected company) are selling or promoting.

The law explains some important words:

  • ‘Broadcasting’ and ‘broadcaster’ mean what they do in the Broadcasting Act 1989.
  • A ‘newspaper’ is defined by the Films, Videos, and Publications Classification Act 1993.
  • The ‘publisher’ of a newspaper is the person who owns it.
  • ‘Interconnected body corporate’ means companies that are connected to each other, like a parent company and its subsidiaries.

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 It might be out of date or be missing some parts.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=DLM96914.

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

15Limited application of sections 9 to 14 to news media

  1. Nothing in sections 9 to 14 applies to the publication of any information or matter in a newspaper by the publisher of that newspaper, not being—

  2. the publication of an advertisement; or
    1. the publication of any information or matter relating to the supply or possible supply or the promotion of the supply or use of goods or services or the sale or grant or the possible sale or grant or the promotion of the sale or grant of an interest in land by—
      1. that publisher or, where that publisher is a body corporate, by any interconnected body corporate; or
        1. any person who is a party to any contract, arrangement, or understanding with that publisher relating to the content, nature or tenor of the information or matter.

        2. Nothing in sections 9 to 14 applies to the broadcasting of any information or matter by a broadcaster, not being—

        3. the broadcasting of an advertisement; or
          1. the broadcasting of any information or matter relating to the supply or possible supply or the promotion of the supply or use of goods or services or the sale or grant or the possible sale or grant or the promotion of the sale or grant of an interest in land by—
            1. that broadcaster, or where that broadcaster is a body corporate, by any interconnected body corporate; or
              1. any person who is a party to any contract, arrangement, or understanding with that broadcaster relating to the content, nature or tenor of the information or matter.

              2. For the purposes of this section—

              3. broadcasting and broadcaster have the same meanings as in section 2(1) of the Broadcasting Act 1989:
                1. newspaper has the meaning given to that term by section 2 of the Films, Videos, and Publications Classification Act 1993:
                  1. publisher, in relation to a newspaper, means its proprietor:
                    1. any 2 or more bodies corporate are to be treated as interconnected if one of them is a body corporate of which the other is a subsidiary (within the meaning of section 5 of the Companies Act 1993), or if both of them are subsidiaries (within the meaning of that section) of one and the same body corporate; and interconnected body corporate shall be construed accordingly.

                      Notes
                      • Section 15(2): amended, on , by section 40(1) of the Regulatory Systems (Commercial Matters) Amendment Act 2017 (2017 No 12).
                      • Section 15(2)(b)(i): amended, on , by section 40(1) of the Regulatory Systems (Commercial Matters) Amendment Act 2017 (2017 No 12).
                      • Section 15(2)(b)(ii): amended, on , by section 40(1) of the Regulatory Systems (Commercial Matters) Amendment Act 2017 (2017 No 12).
                      • Section 15(3)(a): replaced, on , by section 40(2) of the Regulatory Systems (Commercial Matters) Amendment Act 2017 (2017 No 12).
                      • Section 15(3)(b): substituted, on , by section 4(3) of the Newspapers and Printers Act Repeal Act 1995 (1995 No 13).
                      • Section 15(3)(ba): inserted, on , by section 4(3) of the Newspapers and Printers Act Repeal Act 1995 (1995 No 13).
                      • Section 15(3)(c): substituted, on , by section 2 of the Company Law Reform (Transitional Provisions) Act 1994 (1994 No 16).
                      • Section 15(3)(c): amended, on , by section 14 of the Companies Amendment Act 2013 (2013 No 111).