Fair Trading Act 1986

Unfair conduct - Unfair practices

24: Pyramid selling schemes

You could also call this:

"Rules against unfair schemes where people make money by recruiting others"

Illustration for Fair Trading Act 1986

You cannot promote or operate a pyramid selling scheme. A pyramid selling scheme is a plan where people buy or sell things to make money, but it is mostly an opportunity to invest rather than to buy or sell things. This type of scheme is unfair to many people because they only make money if they recruit more people to join. You also cannot be part of a scheme like a chain letter, where you make money by getting others to join, and it is unlikely that many people will make reasonable money from it. In these schemes, people's financial rewards often depend on recruiting more people, and it is often impossible for many people to recruit enough new members to make a good income. The law is in place to protect people from these unfair schemes.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM96950.

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"No bullying or forcing people when buying or selling things"


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25: Provisions of this Part not limited by reference to other provisions of this Part, or

"All rules in this part are equally important and work together"

Part 1Unfair conduct
Unfair practices

24Pyramid selling schemes

  1. No person shall promote or operate a pyramid selling scheme.

  2. For the purposes of this section, the term pyramid selling scheme means—

  3. a scheme—
    1. that provides for the supply of goods or services or both for reward; and
      1. that, to many participants in the scheme, constitutes primarily an opportunity to buy or sell an investment opportunity, whether personally or through an agent, rather than an opportunity to buy or supply goods or services; and
        1. that is or is likely to be unfair to many of the participants in the scheme in that—
          1. the financial rewards of many of those participants are dependent on the recruitment of additional participants (whether or not at successively lower levels); and
            1. the number of additional participants in the scheme that must be recruited to produce reasonable financial rewards to participants in the scheme is not attainable or is not likely to be attainable by many of the participants in the scheme:
          2. a scheme of the type commonly known as a chain letter scheme (whether or not it provides for the supply of goods or services or both) that is likely to be unfair to many of the participants in the scheme, in that—
            1. the financial rewards of many of those participants are dependent on the recruitment of additional participants; and
              1. the number of additional participants in the scheme that must be recruited to produce reasonable financial rewards to participants in the scheme is not attainable or is not likely to be attainable by many of the participants in the scheme.
              Compare
              • 1975 No 113 s 48A
              • 1979 No 140 s 22(1)
              Notes
              • Section 24(2)(a)(ii): substituted, on , by section 5 of the Fair Trading Amendment Act 2003 (2003 No 31).