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Fair Trading Act 1986

Enforcement and remedies - Civil proceedings

43: Other orders

You could also call this:

“The law explains different ways to help someone if they've been treated unfairly when buying things”

This section of the law explains what can happen if someone (let’s call them person A) is harmed or might be harmed by another person’s (person B) actions that break certain rules in the Fair Trading Act.

If a court or the Disputes Tribunal finds that person B has done something wrong, they can make different kinds of orders. These orders can be made even if person A didn’t ask for them or isn’t part of the court case.

The court or Disputes Tribunal can:

  1. Say that a contract between person A and person B is not valid, either now or from a certain date in the past.

  2. Change who is responsible for a credit agreement related to the contract.

  3. Change the contract or agreement in some way, and say when those changes should start.

  4. Tell person B to give money or property back to person A.

  5. Tell person B to pay person A for any harm or loss they caused.

  6. Tell person B to fix things they sold to person A or give them new parts.

  7. Tell person B to give person A certain goods or services.

These orders can be made even if the court or Disputes Tribunal does other things too, like stopping person B from doing something.

The section also explains what a “collateral credit agreement” is. It’s when someone else provides credit to help person A pay for goods from person B.

These rules don’t stop other kinds of court cases from happening. They also don’t change some other laws about contracts and accident compensation.

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 It might be out of date or be missing some parts.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=DLM97304.

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

43Other orders

  1. This section applies if, in proceedings under this Part or on the application of any person, a court or the Disputes Tribunal finds that a person (person A) has suffered, or is likely to suffer, loss or damage by conduct of another person (person B) that does or may constitute any of the following:

  2. a contravention of a provision of Parts 1 to 4A (a relevant provision):
    1. aiding, abetting, counselling, or procuring a contravention of a relevant provision:
      1. inducing by threats, promises, or otherwise a contravention of a relevant provision:
        1. being in any way directly or indirectly knowingly concerned in, or party to, a contravention of a relevant provision:
          1. conspiring with any other person in the contravention of a relevant provision.

            1. The court or the Disputes Tribunal may make 1 or more of the orders described in subsection (3)—

            2. whether or not the court grants an injunction, or the court or the Disputes Tribunal makes any other order, under this Part; and
              1. whether or not person A made the application or is a party to the proceedings.

                1. The orders are as follows:

                2. an order declaring all or part of a contract made between person A and person B, or a collateral arrangement (for example, a collateral credit agreement) relating to such a contract,—
                  1. to be void; and
                    1. if the court or the Disputes Tribunal thinks fit, to have been void at all times on and after a date specified in the order, which may be before the date on which the order is made:
                    2. if an order described in paragraph (a) is made in respect of a contract that is associated with a collateral credit agreement, an order vesting in person B all or any of the rights and obligations of person A under the collateral credit agreement:
                      1. an order in respect of a contract made between person A and person B, or a collateral arrangement (for example, a collateral credit agreement) relating to such a contract,—
                        1. varying the contract or the arrangement in the manner specified in the order; and
                          1. if the court or the Disputes Tribunal thinks fit, declaring the varied contract or arrangement to have had effect on and after a date specified in the order, which may be before the date on which the order is made:
                          2. if an order described in paragraph (c) is made in respect of a contract that is associated with a collateral credit agreement, and if that order results in person A no longer having property in the goods that are the subject of the contract, an order vesting in person B the rights and obligations of person A under the collateral credit agreement:
                            1. an order directing person B to refund money or return property to person A:
                              1. an order directing person B to pay to person A the amount of the loss or damage:
                                1. an order directing person B, at person B's own expense, to repair, or to provide parts for, goods that have been supplied by person B to person A:
                                  1. an order directing person B, at person B's own expense, to supply specified goods or services to person A.

                                    1. In subsection (3)(a) to (d), collateral credit agreement, in relation to a contract for the supply of goods, means a contract or an agreement that—

                                    2. is arranged or procured by the supplier of the goods; and
                                      1. is for the provision of credit by a person other than the supplier to enable person A to pay, or defer payment, for the goods.

                                        1. An order made under subsection (3)(a) to (d) does not prevent proceedings being instituted or commenced under this Part.

                                        2. This section does not limit or affect—

                                        3. subpart 5 of Part 2 of the Contract and Commercial Law Act 2017; or
                                          1. section 317 of the Accident Compensation Act 2001.

                                            Notes
                                            • Section 43: replaced, on , by section 32 of the Fair Trading Amendment Act 2013 (2013 No 143).
                                            • Section 43(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
                                            • Section 43(6)(a): amended, on , by section 347 of the Contract and Commercial Law Act 2017 (2017 No 5).