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Fair Trading Act 1986

Enforcement and remedies - Jurisdiction of courts

38: Jurisdiction of District Court

You could also call this:

“The District Court deals with fair trading cases and can make decisions about them”

The District Court can handle several types of cases related to fair trading. You can go to the District Court if someone breaks the rules in sections 40 and 47J. The court can also make orders based on sections 40A, 42, and 43. If someone promises to do something and it involves up to $350,000 (or more if the law says so), the District Court can make them keep their promise. The court can also deal with cases about sections 46C and 46G. Lastly, if the Commission wants to make an official statement about something under section 46I, they can ask the District Court to do that. Remember, though, that section 43B might change how some of these rules work.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM96984.

Topics:
Business > Fair trading
Crime and justice > Courts and legal help
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Part 5 Enforcement and remedies
Jurisdiction of courts

38Jurisdiction of District Court

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

  2. proceedings for offences against sections 40 and 47J:
    1. applications for orders under sections 40A, 42, and 43:
      1. applications for orders under section 46B to enforce an undertaking involving a sum that, in total, does not exceed $350,000 or, if greater, the amount specified in section 74 of the District Court Act 2016:
        1. applications under sections 46C and 46G:
          1. applications by the Commission for a declaration under section 46I.

            1. This section is subject to section 43B.

            Notes
            • Section 38 heading: amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
            • Section 38(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
            • Section 38(1)(a): amended, on , by section 7(a) of the Fair Trading Amendment Act 2003 (2003 No 31).
            • Section 38(1)(b): amended, on , by section 7(b) of the Fair Trading Amendment Act 2003 (2003 No 31).
            • Section 38(1)(c): replaced, on , by section 261 of the District Court Act 2016 (2016 No 49).
            • Section 38(1)(d): inserted, on , by section 25(1) of the Fair Trading Amendment Act 2013 (2013 No 143).
            • Section 38(1)(e): inserted, on , by section 25(1) of the Fair Trading Amendment Act 2013 (2013 No 143).
            • Section 38(2): inserted, on , by section 25(2) of the Fair Trading Amendment Act 2013 (2013 No 143).