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Retail Payment System Act 2022

Merchant surcharging, monitoring and enforcement, and miscellaneous provisions - Merchant surcharging standards

35: Notice to take corrective action

You could also call this:

"Fix the problem: follow the rules or get a fine"

Illustration for Retail Payment System Act 2022

You can get a notice if you do not follow the merchant surcharging standard rules. The notice will tell you what to do to fix the problem. You must do what the notice says within a reasonable time. You have to take steps to fix the problem and make sure it does not happen again. If you do not follow the notice, you can get a fine. If you want to know more about fines, you can look at subpart 3. The Commission can give you a notice if you break the rules. You must follow the notice to avoid getting a fine.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS532510.

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Topics:
Money and consumer rights > Consumer protection
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34: Amendment and revocation of merchant surcharging standards, or

"Changing or cancelling rules about extra fees merchants charge"

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36: Monitoring and investigation powers of Commission, or

"The Commission's power to check and investigate things"

Part 3Merchant surcharging, monitoring and enforcement, and miscellaneous provisions
Merchant surcharging standards

35Notice to take corrective action

  1. If satisfied that a merchant has failed to comply with any requirements of a merchant surcharging standard, the Commission may, by written notice given to the merchant, require the merchant to take any steps specified in the notice to—

  2. remedy the non-compliance; or
    1. ensure that the non-compliance is not continued or repeated.

      1. The notice must specify a reasonable period (a specified period) within which the required steps must be taken.

      2. A merchant given a notice must comply with the notice within the specified period.

      3. A merchant that contravenes a notice is liable to a pecuniary penalty.

      4. See subpart 3 for further provisions about pecuniary penalties.

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