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Retail Payment System Act 2022

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

40: Pecuniary penalty orders for contraventions of merchant surcharging standards

You could also call this:

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

Illustration for Retail Payment System Act 2022

You can face a penalty if you break merchant surcharging standards. The High Court can order you to pay a penalty to the Crown if you have broken a standard. You can also face a penalty if you were involved in breaking a standard. The penalty amount depends on who you are. If you are an individual, the penalty is up to $200,000 for each mistake. If you are not an individual, the penalty is up to $600,000 for each mistake. The Commission must apply to the High Court for the penalty order. The High Court decides if you have broken a standard and how much you must pay. You must pay the penalty to the Crown if the High Court orders you to do so.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS540381.

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Topics:
Money and consumer rights > Consumer protectionBusiness > Industry rulesBusiness > Fair trading
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Part 3Merchant surcharging, monitoring and enforcement, and miscellaneous provisions
Pecuniary penalties

40Pecuniary penalty orders for contraventions of merchant surcharging standards

  1. The High Court may, on the application of the Commission, order a merchant (A) to pay to the Crown a pecuniary penalty if satisfied that A has—

  2. contravened a merchant surcharging standard; or
    1. been involved in a contravention of a merchant surcharging standard.

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

      2. in the case of an individual, $200,000 for each act or omission; or
        1. in any other case, $600,000 for each act or omission.