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 telling uninvited sellers to leave your home or stay away”

This law is about people who want to sell things to you at your home without being invited. If someone is trying to do this, you have the right to tell them not to come in or to leave. If you live in the house, or if someone who lives there has given you permission, you can tell the seller not to enter. If they are already inside, you can tell them to leave right away.

You can give this instruction in different ways. You can say it out loud, write it down, or show it in another way that the seller can see or hear. You might have a sign on your gate or front door that tells salespeople not to come, or you might tell them face-to-face.

If you tell a specific seller to leave or not to come in, they are not allowed to come back to try and sell things for two years. This rule helps protect you from salespeople who might try to bother you at home when you don’t want them to.

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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.

Topics:
Money and consumer rights > Consumer protection
Business > Fair trading

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“Money rules when you cancel a surprise door-to-door sale”


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36S: Regulations, or

“Rules about financial products and when they don't have to follow all the usual rules”

Part 4A Consumer 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).