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Fair Trading Act 1986

Product safety

29: Product safety standards

You could also call this:

“Rules to keep you safe when buying and using products”

The Governor-General can make rules about product safety standards. These rules are made to help keep you safe from getting hurt when using different types of goods.

The rules can be about how products are made, what they’re made of, how they look, or how they’re packaged. They can also say how products should be tested to make sure they’re safe, and what kind of warnings or instructions should come with the products.

The Governor-General can also say that some official standards, or parts of them, are product safety standards. These official standards might be changed a bit to fit what’s needed.

Before these rules are made, the Minister has to talk to people who will be affected by them. The Minister needs to listen to what these people say. But even if the Minister doesn’t do this, the rules can still be valid.

These rules are called ‘secondary legislation’. This means they’re published in a special way that’s explained in Part 3 of the Legislation Act 2019.

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 It might be out of date or be missing some parts.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=DLM96964.

Topics:
Business > Fair trading
Money and consumer rights > Consumer protection
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Part 3 Product safety

29Product safety standards

  1. The Governor-General may, from time to time, on the recommendation of the Minister, by Order in Council, make regulations in respect of goods of any description or any class or classes of goods, prescribing for the purpose of preventing or reducing the risk of injury to any person, a product safety standard or 2 or more product safety standards relating to all or any of the following matters—

  2. the performance, composition, contents, manufacture, processing, design, construction, finish or packaging of the goods:
    1. the testing of the goods during or after manufacture or processing:
      1. the form and content of markings, warnings, or instructions to accompany the goods.

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

        2. an official standard or an official standard with such additions or variations as are specified in the regulations is a product safety 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 product safety 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 product safety 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 product safety 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. Regulations under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                    Notes
                    • Section 29: substituted, on , by section 4 of the Fair Trading Amendment Act 1997 (1997 No 43).
                    • Section 29(5): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).