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Fair Trading Act 1986

Enforcement and remedies - Civil proceedings

42: Order to disclose information or publish advertisement

You could also call this:

“Court can order rule-breakers to share information or fix mistakes”

If the court thinks someone has broken the rules in Parts 1 to 4 of the Fair Trading Act, they can make special orders. These orders can be made even if the person hasn’t broken the rules before.

The court can tell the person who broke the rules, or anyone else involved, to share information with the public or specific people. The person has to pay for this themselves and do it in the way the court says.

The court can also tell the person to publish corrective statements. This means they have to write messages to fix any wrong information they gave before. They have to pay for this too and do it when and how the court tells them.

The court can look at this request for orders at the same time as other cases about breaking the Fair Trading Act rules. These other cases are mentioned in sections 40, 40A, 41, or 43 of the Act.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM97302.

Topics:
Business > Fair trading
Money and consumer rights > Consumer protection
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Part 5 Enforcement and remedies
Civil proceedings

42Order to disclose information or publish advertisement

  1. Where, on the application of the Commission, the court is satisfied that a person has engaged in conduct constituting a contravention of any of the provisions of Parts 1 to 4, the court may (whether or not that person has previously engaged in such conduct), make either or both of the following orders:

  2. an order requiring that person, or any other person involved in the contravention, to disclose, at that person's own expense, to the public, or to a particular person or to persons included in a particular class of persons, in such manner as is specified in the order, such information, or information of such a kind, as is so specified, being information that is in the possession of the person to whom the order is directed or to which that person has access:
    1. an order requiring that person, or any other person involved in the contravention, to publish, at that person's own expense, in such manner and at such times as are specified in the order, corrective statements the terms of which are specified in, or are to be determined in accordance with, the order.

      1. The court may hear and determine an application under subsection (1) in conjunction with any other proceedings under any of sections 40, 40A, 41, or 43.

      2. Repealed
      Notes
      • Section 42(2): added, on , by section 11 of the Fair Trading Amendment Act 2003 (2003 No 31).
      • Section 42(3): repealed, on , by section 31 of the Fair Trading Amendment Act 2013 (2013 No 143).