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Fair Trading Act 1986

Unfair conduct - Unconscionable conduct

7: Unconscionable conduct

You could also call this:

"Don't be very unfair when buying or selling things."

Illustration for Fair Trading Act 1986

You must not do things in trade that are unconscionable. This means you cannot act in a way that is very unfair. You cannot do this even if there is no pattern of unfair conduct. You can still break this rule even if no one person is hurt by your actions. You can also break this rule whether or not you have a contract with someone. This rule applies no matter what other laws or rules say about unconscionable conduct. The rule was updated by the Fair Trading Amendment Act 2021. This law is in place to protect people from very unfair conduct.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS736890.

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Topics:
Money and consumer rights > Consumer protection
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Part 1Unfair conduct
Unconscionable conduct

7Unconscionable conduct

  1. A person must not, in trade, engage in conduct that is unconscionable.

  2. This section applies whether or not—

  3. there is a system or pattern of unconscionable conduct; or
    1. a particular individual is identified as disadvantaged, or likely to be disadvantaged, by the conduct; or
      1. a contract is entered into.

        1. This section is not limited by any rule of law or equity relating to unconscionable conduct.

        Notes
        • Section 7: inserted, on , by section 6 of the Fair Trading Amendment Act 2021 (2021 No 32).