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New Zealand law explained for everyone

Fair Trading Act 1986

Enforcement and remedies - Jurisdiction of courts

37: Jurisdiction of High Court

You could also call this:

“The High Court can make important decisions about fair trading issues”

The High Court in New Zealand has the power to deal with several matters related to the Fair Trading Act. Here’s what you need to know:

The High Court can handle appeals from the District Court for certain offences and orders. This includes appeals about criminal cases for breaking specific sections of the law, and appeals about certain orders made by the District Court.

The High Court can also make decisions about stopping people or businesses from doing certain things (called injunctions) and can make other types of orders to protect consumers.

If someone promises to do something to fix a problem and it involves a lot of money (more than $350,000), the High Court can make them keep their promise.

The High Court can also hear appeals about decisions made by the District Court on various matters related to fair trading.

Lastly, the High Court can make official statements (called declarations) when asked by the Commerce Commission, which is a group that helps make sure businesses treat people fairly.

If the Commerce Commission has a question about the law in any matter they’re dealing with under this Act, they can ask the High Court for its opinion.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM96981.

Topics:
Business > Fair trading
Money and consumer rights > Consumer protection
Crime and justice > Courts and legal help
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Part 5 Enforcement and remedies
Jurisdiction of courts

37Jurisdiction of High Court

  1. In accordance with this Part, the High Court shall hear and determine the following matters—

  2. appeals from criminal proceedings in the District Court for offences against sections 40 and 47J:
    1. appeals from proceedings in the District Court for orders under section 40A:
      1. applications for injunctions under section 41:
        1. applications for orders under sections 42 and 43:
          1. applications for orders under section 46B to enforce an undertaking involving a sum that, in total, exceeds $350,000 or, if greater, the amount specified in section 74 of the District Court Act 2016:
            1. appeals from any order of the District Court under section 46B:
              1. appeals from any order or decision of the District Court under section 46C or 46G:
                1. applications by the Commission for a declaration under section 46I.

                  1. See also section 100A of the Commerce Act 1986, under which the Commission may state a case for the opinion of the High Court on any question of law arising in any matter before it under this Act.

                  Notes
                  • Section 37(1)(a): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
                  • Section 37(1)(a): amended, on , by section 6(1) of the Fair Trading Amendment Act 2003 (2003 No 31).
                  • Section 37(1)(ab): inserted, on , by section 6(2) of the Fair Trading Amendment Act 2003 (2003 No 31).
                  • Section 37(1)(ab): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
                  • Section 37(1)(d): replaced, on , by section 261 of the District Court Act 2016 (2016 No 49).
                  • Section 37(1)(e): inserted, on , by section 24 of the Fair Trading Amendment Act 2013 (2013 No 143).
                  • Section 37(1)(e): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
                  • Section 37(1)(f): inserted, on , by section 24 of the Fair Trading Amendment Act 2013 (2013 No 143).
                  • Section 37(1)(f): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
                  • Section 37(1)(g): inserted, on , by section 24 of the Fair Trading Amendment Act 2013 (2013 No 143).
                  • Section 37(2): inserted, on , by section 11 of the Fair Trading Amendment Act 2021 (2021 No 32).