Fair Trading Act 1986

Miscellaneous provisions

47H: Notices

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"Official notices from the Commission must be in writing and signed or sealed correctly."

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When the Commission gives you a notice under section 47G, it must be in writing. You will know it is official if it has the Commission's seal or is signed by the Chairman or a member of the Commission. The notice must be served on you in accordance with section 47I. If you get a notice that says it is from the Commission, the court will assume it is real unless you can prove it is not. The notice must be signed or sealed correctly for it to be official. You can check how the notice is served by looking at section 47I.

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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.

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"The Commission can ask you for information or to give evidence."


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47I: Service of notices, or

"How to give someone official notice"

Part 6Miscellaneous 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).