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Fair Trading Act 1986

Unfair conduct - False representations

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

You could also call this:

"Some rules don't apply to newspapers and news media when they publish certain information."

Illustration for Fair Trading Act 1986

If you publish a newspaper, some rules do not apply to you. These rules are in sections 9 to 14. They do not apply if you publish information in your newspaper, but not if you publish an advertisement. They also do not apply if you are talking about goods or services that you or your company supply. You can find out what a broadcaster and broadcasting mean by looking at the Broadcasting Act 1989. A newspaper is defined in the Films, Videos, and Publications Classification Act 1993.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM96914.

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Part 1Unfair 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).