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Fair Trading Act 1986

Enforcement and remedies - Jurisdiction of courts

37: Jurisdiction of High Court

You could also call this:

"The High Court makes big decisions and hears appeals about fair trading."

Illustration for Fair Trading Act 1986

The High Court can hear and decide on certain matters. You can appeal to the High Court if you are not happy with a decision made in the District Court. The High Court can also make orders to stop someone from doing something, or to make them do something. The High Court has the power to hear appeals from the District Court about certain offences. You can appeal to the High Court if the District Court has made an order under certain sections of the Fair Trading Act. The High Court can also hear applications for orders to enforce an undertaking that involves a large sum of money. The High Court can hear appeals from any order or decision made by the District Court under certain sections of the Fair Trading Act. You can also apply to the High Court for a declaration under certain sections of the Act. The Commission may also ask the High Court for its opinion on a question of law, as stated in section 100A of the Commerce Act 1986.

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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.

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Money and consumer rights > Consumer protectionMoney and consumer rights > Fair tradingCrime and justice > Courts and legal help
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Part 5Enforcement 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 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(1)(g): amended, on , by section 208 of the Grocery Industry Competition Act 2023 (2023 No 31).
                  • Section 37(2): inserted, on , by section 11 of the Fair Trading Amendment Act 2021 (2021 No 32).