Plain language law

New Zealand law explained for everyone

Fair Trading Act 1986

Enforcement and remedies - Jurisdiction of courts

38: Jurisdiction of District Court

You could also call this:

"What the District Court can decide"

Illustration for Fair Trading Act 1986

The District Court hears and decides certain matters. You can go to the District Court for proceedings about offences against sections like 40 and 47J. The District Court also hears applications for orders under sections like 40A, 42, and 43. The District Court can enforce an undertaking involving a sum that does not exceed $350,000, or a larger amount specified in section 74 of the District Court Act 2016. You can apply to the District Court under sections like 46C and 46G. The District Court can also make a declaration under section 46I. This is subject to section 43B.

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 It might be out of date or be missing some parts.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=DLM96984.

This page was last updated on — View changes

Topics:
Crime and justice > Courts and legal help
Previous

37: Jurisdiction of High Court, or

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

Next

39: Jurisdiction of Disputes Tribunal, or

"What the Disputes Tribunal can decide"

Part 5Enforcement 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 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(1)(e): amended, on , by section 209 of the Grocery Industry Competition Act 2023 (2023 No 31).
            • Section 38(2): inserted, on , by section 25(2) of the Fair Trading Amendment Act 2013 (2013 No 143).