Plain language law

New Zealand law explained for everyone

Fair Trading Act 1986

Unfair conduct - Unfair practices

26: Importation of goods bearing false trade description

You could also call this:

“Bringing goods with wrong labels into New Zealand is not allowed”

This law is about bringing goods into New Zealand that have false information on them. You are not allowed to bring these goods into the country.

False information means any description that would break the law if it was used to sell goods or to promote them. This could be things like lying about what the product is, where it comes from, or what it can do.

The false information can be on the product itself, or on its packaging, label, or anything else that comes with it. But a trademark doesn’t count as false information in this case.

If you try to bring goods with false information into New Zealand, they will be treated the same as other things that are not allowed into the country. The rules about what happens to these goods are in another law called the Customs and Excise Act.

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 It might be out of date or be missing some parts.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=DLM96954.

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

26Importation of goods bearing false trade description

  1. This section applies to any goods to which a false trade description is applied.

  2. All goods to which this section applies are hereby prohibited to be imported into New Zealand, and shall be deemed to be included among goods prohibited to be imported under section 96 of the Customs and Excise Act 2018 and the provisions of that Act shall apply to such goods accordingly.

  3. In this section, false trade description means any representation which if made in connection with the supply or possible supply of goods or with the promotion by any means of the supply or use of goods would constitute a contravention of section 13(a), (d), or (j).

  4. For the purposes of subsection (1), a false trade description shall be deemed to be applied to goods if—

  5. it is woven in, impressed on, worked into, or annexed or affixed to the goods; or
    1. it is applied to a covering, label, reel, or thing in or with which the goods are supplied.

      1. For the purposes of this section, a trade mark is not a representation.

      Notes
      • Section 26: substituted, on , by section 3(1) of the Fair Trading Amendment Act 1994 (1994 No 124).
      • Section 26(2): amended, on , by section 443(3) of the Customs and Excise Act 2018 (2018 No 4).