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Fair Trading Act 1986

Miscellaneous provisions

47H: Notices

You could also call this:

“Rules for official notices from the Commission”

When the Commission gives a notice under section 47G, they need to follow certain rules to make sure it’s valid. The notice must be in writing. It also needs to have either the Commission’s seal on it, or be signed by the Commission’s Chairman, or by one or more Commission members, or by someone who says they’re acting for the Commission. The notice must be given to the right people as explained in section 47I.

If you see a notice that looks like it’s from the Commission, with their seal or signature, you can assume it’s real unless someone proves it’s not. This applies in all courts and for anything to do with this 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=DLM97339.

Topics:
Business > Fair trading
Money and consumer rights > Consumer protection
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47G: Commission may require person to supply information or documents or give evidence, or

“Commission can ask for info and you must help”

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47I: Service of notices, or

“How you can be sent important legal notices and when they're considered received”

Part 6 Miscellaneous provisions

47HNotices

  1. Any notice given by the Commission under section 47G is sufficiently given if—

  2. it is in writing; and
    1. it is—
      1. under the seal of the Commission; or
        1. signed by the Chairman of the Commission; or
          1. signed by 1 or more of the members of the Commission; or
            1. signed by any person purporting to act by direction of the Commission; and
            2. it is served in accordance with section 47I on the person or persons primarily concerned or on any person or organisation considered by the Commission to represent the person or persons primarily concerned.

              1. In all courts and in all proceedings under this Act, notices given under section 47G that purport to be signed by, or on behalf of, the Commission or to be sealed with the seal of the Commission must be treated as having been signed or sealed with due authority in accordance with subsection (1)(b) unless the contrary is proved.

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              Notes
              • Section 47H: inserted, on , by section 15 of the Fair Trading Amendment Act 2003 (2003 No 31).