Plain language law

New Zealand law explained for everyone

Fair Trading Act 1986

Product safety

31: Unsafe goods

You could also call this:

“The government can stop people from selling things that might hurt you”

The Minister can declare goods unsafe if they might hurt someone. This can happen if the goods are dangerous on their own, or if people might use them in a way that could cause injury. When deciding if goods are unsafe, the Minister thinks about how likely it is that someone will get hurt, how bad the injury might be, and how often it might happen. They also look at what the maker of the goods has done to make them safer, and if it’s best for everyone to call the goods unsafe.

If goods are declared unsafe, no one can sell them for 18 months. After that time, if there are no new safety rules for the goods, the Minister can stop people from selling them for longer or forever. Before doing this, the Minister must talk to people who will be affected by this decision and think about what they say.

The Minister can change or cancel these rules about unsafe goods at any time. It’s against the law to sell, offer to sell, or advertise goods that have been declared unsafe or that the Minister has said can’t be sold.

When the Minister makes a decision about unsafe goods, they have to tell everyone about it in a special way called ‘secondary legislation’.

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 It might be out of date or be missing some parts.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=DLM96968.

Topics:
Business > Fair trading
Money and consumer rights > Consumer protection
Previous

30B: Review of product safety policy statements, or

“The government checks if safety rules for products are still good every five years”

Next

31A: Voluntary product recall, or

“When companies choose to take back unsafe products, they must tell the government quickly”

Part 3 Product safety

31Unsafe goods

  1. Where it appears to the Minister that goods of any description or any class or classes of goods will or may cause injury to any person, the Minister may, by notice, declare the goods to be unsafe goods.

  2. The Minister may also, by notice, declare goods of any description or any class or classes of goods to be unsafe goods if it appears to the Minister that a reasonably foreseeable use (including misuse) of the goods will, or may, cause injury to any person.

  3. In deciding whether to make a declaration under subsection (1A), the Minister must have regard to all the circumstances, including—

  4. the likelihood of an injury occurring to a person as a result of the reasonably foreseeable use or misuse of the goods:
    1. the seriousness of the injury likely to be suffered by the user of the goods or any other person:
      1. whether such injury is likely to be a frequent occurrence:
        1. any steps that the supplier or manufacturer of the goods has taken to mitigate the risk of injury:
          1. whether, taking into account the ordinary and intended use of the goods, the public interest favours making a declaration.

            1. A notice made pursuant to subsection (1) shall, unless previously revoked by the Minister by notice, remain in force for 18 months after the date of publication of the notice.

            2. Where—

            3. a period of 18 months has elapsed after the date of publication of a notice pursuant to subsection (1) or (1A) declaring goods to be unsafe goods; and
              1. a product safety standard has not been prescribed pursuant to section 29 in respect of the goods,—
                  1. the Minister may, by notice, prohibit the supply of the goods indefinitely or for such period as may be specified in the notice.

                1. The Minister must not issue a notice under subsection (3) unless—

                2. the Minister has consulted such persons or representatives of such persons as the Minister considers will be substantially affected by the proposed notice 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 (3A) does not affect the validity of any notice given under this section, except where there has been a complete failure to consult.

                    2. A notice made pursuant to subsection (3) may be amended or revoked at any time by the Minister by notice.

                    3. No person shall supply, or offer to supply, or advertise to supply, goods—

                    4. in respect of which there is in force a notice declaring the goods to be unsafe goods; or
                      1. in respect of which there is in force a notice under subsection (3).

                        1. A notice under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                        Notes
                        • Section 31(1): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                        • Section 31(1A): inserted, on , by section 19(1) of the Fair Trading Amendment Act 2013 (2013 No 143).
                        • Section 31(1A): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                        • Section 31(1B): inserted, on , by section 19(1) of the Fair Trading Amendment Act 2013 (2013 No 143).
                        • Section 31(2): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                        • Section 31(3): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                        • Section 31(3)(a): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                        • Section 31(3)(a): amended, on , by section 19(2) of the Fair Trading Amendment Act 2013 (2013 No 143).
                        • Section 31(3A): inserted, on , by section 19(3) of the Fair Trading Amendment Act 2013 (2013 No 143).
                        • Section 31(3B): inserted, on , by section 19(3) of the Fair Trading Amendment Act 2013 (2013 No 143).
                        • Section 31(4): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                        • Section 31(6): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).