Plain language law

New Zealand law explained for everyone

Fair Trading Act 1986

Consumer information

27: Consumer information standards

You could also call this:

“Rules about important information you should get when buying things or using services”

The Governor-General can make rules about information that must be given to you when you buy things or use services. These rules are called consumer information standards. They can say what information you should get, how to check if the information is correct, and how the information should be shown to you.

These rules can be about many things like what the product is made of, where it comes from, how to use it, or how much it costs. They can also say how this information should be given when someone is selling, reselling, or advertising these things.

The Governor-General can also say that other official standards, or parts of them, are consumer information standards.

Before making these rules, the Minister must talk to people who will be affected by them and think about what they say. But if the Minister forgets to do this, the rules are still okay.

These rules can’t be made about medicines, except for how much they cost.

When the government makes these rules, they have to follow certain steps to make them official.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM96959.

Topics:
Money and consumer rights > Consumer protection
Business > Fair trading
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“Rules for giving customers the right information when selling things”

Part 2 Consumer information

27Consumer information standards

  1. The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations prescribing consumer information standards in respect of goods or services of any description or any class or classes of goods or services.

  2. A consumer information standard may—

  3. require the disclosure of information relating to the kind, grade, quantity, origin, performance, care, composition, contents, design, construction, use, price, finish, packaging, promotion, or supply of the goods or services; and
    1. specify how that information must be obtained or verified before it is disclosed; and
      1. specify the form and manner in which that information must be disclosed on or in relation to—
        1. the supply or possible supply of the goods or services; or
          1. the resupply or possible resupply of the goods or services; or
            1. the promotion by any means of 1 or more of the matters described in subparagraphs (i) and (ii).

            2. The Governor-General may, from time to time, on the recommendation of the Minister, by Order in Council, make regulations declaring that:

            3. an official standard or an official standard with such additions or variations as are specified in the regulations is a consumer information standard:
              1. a specified part or parts of an official standard or of an official standard with such additions or variations as are specified in the regulations is a consumer information standard:
                1. 2 or more official standards or 2 or more official standards with such additions or variations as are specified in the regulations are consumer information standards:
                  1. specified parts of 2 or more official standards or of 2 or more official standards with such additions or variations as are specified in the regulations are consumer information standards.

                    1. The Minister must not make a recommendation under this section unless—

                    2. the Minister has consulted with such persons or representatives of such persons as the Minister considers will be substantially affected by any Order in Council made in accordance with the recommendation and those persons have had the opportunity to comment to the Minister; and
                      1. the Minister has considered any such comments.

                        1. A failure to comply with subsection (3) does not affect the validity of any Order in Council made under this section.

                        2. No Order in Council may be made under this section in respect of any medicine or related product, within the meaning of the Medicines Act 1981, except in relation to the price of the medicine or related product.

                        3. Regulations under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                        Notes
                        • Section 27: substituted, on , by section 3 of the Fair Trading Amendment Act 1997 (1997 No 43).
                        • Section 27(1): replaced, on , by section 15 of the Fair Trading Amendment Act 2013 (2013 No 143).
                        • Section 27(1A): inserted, on , by section 15 of the Fair Trading Amendment Act 2013 (2013 No 143).
                        • Section 27(6): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).