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Retail Payment System Act 2022

Merchant surcharging, monitoring and enforcement, and miscellaneous provisions - Pecuniary penalties

41: Pecuniary penalties for contravention of notice to take corrective action

You could also call this:

"Breaking rules can mean a fine of up to $10,000 or $30,000"

Illustration for Retail Payment System Act 2022

You can get a fine if you do not follow a notice from the Commission. The District Court can order you to pay the Crown a fine. This happens if you fail to comply with a notice given by the Commission under section 35(1). You can be fined up to $10,000 if you are an individual. You can be fined up to $30,000 if you are not an individual. These fines are for each act or omission. The Court makes this decision on the application of the Commission. They must be satisfied that you have failed to comply with the notice. You can be fined for each act or omission that you have done.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS533897.

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Topics:
Money and consumer rights > Consumer protectionBusiness > Industry rules
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40: Pecuniary penalty orders for contraventions of merchant surcharging standards, or

"Breaking merchant surcharging rules can result in a fine of up to $200,000 or $600,000."

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42: Who is involved in contraventions, or

"Who breaks the payment rules and how"

Part 3Merchant surcharging, monitoring and enforcement, and miscellaneous provisions
Pecuniary penalties

41Pecuniary penalties for contravention of notice to take corrective action

  1. The District Court may, on the application of the Commission, order a merchant to pay to the Crown a pecuniary penalty if satisfied that the merchant has failed to comply with a notice given by the Commission under section 35(1).

  2. The amount of any pecuniary penalty under subsection (1) must not exceed,—

  3. in the case of an individual, $10,000 for each act or omission; or
    1. in any other case, $30,000 for each act or omission.

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