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Fair Trading Act 1986

Consumer transactions and auctions - Uninvited direct sales

36RA: Directions to leave premises or not enter premises

You could also call this:

"Rules for salespeople: leaving or not entering someone's home"

Illustration for Fair Trading Act 1986

You are trying to sell something to someone at their home without being invited. If someone who lives at the house tells you not to enter, you must not go in. If you are already inside, you must leave as soon as possible if someone who lives at the house tells you to. You can be told to leave or not enter in different ways, such as someone speaking to you or a notice on the gate. The person telling you to leave or not enter must be someone who lives at the house or is acting for them. If someone gives you a specific direction to leave or not enter, you must not try to sell anything to them at their home for 2 years after they told you to leave or not enter.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS737104.

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Topics:
Money and consumer rights > Consumer protectionHousing and property > Home safety and repairs
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"Money rules when you cancel a surprise door-to-door sale"

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Part 4AConsumer transactions and auctions
Uninvited direct sales

36RADirections to leave premises or not enter premises

  1. This section applies to a person who, for the purpose of negotiating an uninvited direct sale agreement,—

  2. is about to enter residential premises; or
    1. has entered residential premises.

      1. The person must not enter the premises if directed not to enter by anyone who—

      2. resides at the premises; or
        1. is acting with the actual or apparent authority of someone residing at the premises.

          1. The person must leave the premises as soon as possible if directed to leave by anyone who—

          2. resides at the premises; or
            1. is acting with the actual or apparent authority of someone residing at the premises.

              1. A direction under subsection (2) or (3)—

              2. may be verbal or in written or other visual form; and
                1. must be audible or visible; and
                  1. may be a general standing direction (for example, a notice on a gate or front door directing salespeople not to call) or a specific direction (for example, a face-to-face spoken direction).

                    1. If the direction is a specific one, the person must not, for the purpose of negotiating an uninvited direct sale agreement, enter or re-enter the premises within 2 years after the direction is given.

                    Notes
                    • Section 36RA: inserted, on , by section 9 of the Fair Trading Amendment Act 2021 (2021 No 32).