Retail Payment System Act 2022

Preliminary provisions

7: Interpretation

You could also call this:

"What special words mean in the Retail Payment System Act"

Illustration for Retail Payment System Act 2022

When you read this Act, you need to know what some words mean. The Commission is a group that makes decisions about retail payments, as described in the Commerce Act 1986. You will see terms like consumer, merchant, and retail payment used throughout the Act. You are a consumer if you buy things from a merchant. A merchant is someone who sells you things or services. A retail payment is when you pay a merchant for something. There are also terms like network and payment services that are important to understand. A network is a system that helps people make payments. Payment services are things that make it possible for you to pay for things. The Act also talks about things like payment surcharges and pricing standards. A payment surcharge is an extra amount you might be charged for using a certain payment method. A pricing standard is a rule about how much something should cost. The Commission can make rules, called standards, to help make sure retail payments work smoothly. These standards can be about things like how much information should be shared, or how prices should be set. You can find more information about these terms and how they are used in the Act by looking at the different sections and subsections, such as subpart 2 of Part 2 and section 20(1)(c).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS528139.

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6: Functions of Commission under this Act, or

"The Commission's jobs are to monitor and fix problems with New Zealand's retail payment system."


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8: Transitional, savings, and related provisions, or

"Rules to help change to the new law"

Part 1Preliminary provisions

7Interpretation

  1. In this Act, unless the context otherwise requires,—

    access standard means a network standard issued by the Commission under subpart 2 of Part 2 relating to a matter referred to in section 20(1)(c)

      affected persons, in relation to a proposed designation, standard, or direction, means the persons that the Commission considers will be substantially affected by the making of the designation, issuing of the standard, or giving of the direction, as the case may be

        Commission has the same meaning as in the Commerce Act 1986

          consumer means a person that acquires goods or services from a merchant

            contravention of this Act includes a contravention of any standard or direction

              designated network means any retail payment network that is—

              1. declared to be a designated retail payment network under subpart 1 of Part 2; or
                1. designated under an initial designation

                  designation order means both of the following:

                  1. an Order in Council under section 10 declaring a retail payment network to be a designated network:
                    1. an initial designation

                      direction means a direction of the Commission under subpart 3 of Part 2 in relation to network rules

                        goods has the same meaning as in the Fair Trading Act 1986

                          information disclosure standard means a network standard issued by the Commission under subpart 2 of Part 2 relating to a matter referred to in section 20(1)(a)

                            initial designation means a designation in subpart 2 of Part 1 of Schedule 1

                              initial pricing standard means the initial pricing standard in subpart 3 of Part 1 of Schedule 1

                                make publicly available means to publish on an Internet site that is maintained by, or on behalf of, the Commission and is publicly available free of charge

                                  merchant means a supplier (within the meaning of the Fair Trading Act 1986) of goods or services to consumers

                                    merchant surcharging standard means a standard issued by the Commission under subpart 1 of Part 3

                                      Minister means the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of this Act

                                        network means a retail payment network

                                          network infrastructure means infrastructure that is necessary for the provision of the network’s payment services

                                            network operator or operator, in relation to a retail payment network, means any person that is or does 1 or more of the following:

                                            1. is wholly or partly responsible to the participants (or any of them) for the network rules:
                                              1. operates or manages the network or the core infrastructure of the network

                                                network rules means rules that set out (among other things) the following:

                                                1. how the network is to be constituted (for example, as a set of arrangements between its participants or as a legal person with whom its participants are to interact):
                                                  1. how activities on the network are to be carried out:
                                                    1. the rights and obligations under the network of its operators and participants

                                                      network standard means both of the following:

                                                      1. a standard issued by the Commission under subpart 2 of Part 2:
                                                        1. the initial pricing standard

                                                          participant, in relation to a retail payment network, means a person that is a network operator or any other service provider

                                                            payment means a transfer of monetary value

                                                              payment method means the form in which a consumer makes or is able to make a retail payment (for example, using a card online or without contact in person)

                                                                payment product means a class of retail payment within a retail payment network (for example, personal or commercial retail payments within a retail payment network)

                                                                  payment services means services that facilitate retail payments

                                                                    payment surcharge means an amount (however described) charged by a merchant, in addition to the price of goods or services,—

                                                                    1. for accepting a retail payment; or
                                                                      1. for using one payment method rather than another

                                                                        pricing standard means both of the following:

                                                                        1. a network standard issued by the Commission under subpart 2 of Part 2 relating to a matter referred to in section 20(1)(b):
                                                                          1. the initial pricing standard

                                                                            retail payment means a payment by a consumer to a merchant for the supply of goods or services

                                                                              retail payment network means the participants, arrangements, contracts, and rules that facilitate a class of retail payment

                                                                                retail payment system means the system comprising all retail payment networks

                                                                                  service provider, in relation to a retail payment network, means any person that provides or facilitates the provision of payment services in the network (for example, a payment or an infrastructure service provider), but does not include a merchant

                                                                                    services has the same meaning as in the Fair Trading Act 1986, except that it does include rights or benefits in the form of the supply of goods or the performance of work under a contract of service

                                                                                      standard means a network standard or a merchant surcharging standard.