This page contains different parts of laws about Fair trading.
4: Metric standards of weights and measures
8: Obligations to use metric system of weights and measures
9: Exceptions to obligations to use metric system of weights and measures
10: Obligation to use metric system in advertising goods for sale
11: Exceptions to obligation to use metric weights and measures in advertising goods for sale
14: Offences
16: Offence to supply short weight, measure, or number
16A: Offence to supply weight, measure, or number not in accordance with stated quantity
17: Offence for purchaser to state incorrect weight, measure, or number
18: Statement of true weight, etc, to be supplied to seller
21: Weights and measures to be stamped with mark of verification
24: Offence to use or possess false or unjust weight or measure
28: Powers of Inspectors
31: Liability of principal for acts of agents, etc
33: Penalties
37: Presumption as to possession of weights, measures, etc, for use for trade
41: Regulations
41A: Regulations for purposes of section 16A(3)
5: Meaning of financial service
9: Purpose of this Part
12: No holding out that in business of providing financial service unless registered and member of approved dispute resolution scheme
37: Registrar’s inspection powers
50: Meaning of approved dispute resolution scheme
51: Application for approval
52: Mandatory considerations for approval
57: Notice of intention to withdraw approval
63: Rules about approved dispute resolution scheme
79: Regulations under this Part
95A: Perpetual debentures
95B: Power to reissue redeemed debentures in certain cases
95C: Specific performance of contracts to subscribe for debentures
CE 3: Restrictions on disposal of shares under share purchase agreements
EE 3: Ownership of goods subject to reservation of title
EX 62: Limits on changes of method
EZ 50: Rules for non-market transactions
GB 2: Arrangements involving transfer pricing
GB 21: Dealing that defeats intention of financial arrangements rules
GC 8: Insufficient amount receivable by person
GC 13: Calculation of arm’s length amounts
67: Duty to co-operate and communicate information in certain circumstances
112A: Price for shares referred to arbitration if shareholder objects to price
112B: Interest payable on outstanding payments
112C: Timing of transfer of shares
51: Application of Act to goods that are, or may be, exported to China
GB 50: Arrangements involving partners and owners
117: Protected transactions
234: Unauthorised use of coat of arms
91: Application of Commerce Act 1986
42: Protection of sensitive information
308A: Identification of trade competitors and surrogates
308B: Limit on making submissions
308D: Limit on appealing under this Act
308G: Declaration that Part contravened
5: Interpretation
72: Purpose of this Part
91: Application of Commerce Act 1986
145: Amendments to Commerce Act 1986
130: Specific authorisations for purposes of Commerce Act 1986
49A: Who are eligible investors
49B: Acceptance of certification
49G: Offence to fail to comply with District Court order
79A: Pecuniary order for contravening wholesale certification requirement
79B: Compensation for contravention of wholesale certification requirement
2: Interpretation
5: Guarantees as to title
8: Guarantees as to fitness for particular purpose
9: Guarantee that goods comply with description
12: Guarantee as to repairs and spare parts
14: Provisions relating to manufacturers' express guarantees
15: Contracts of work and materials
16: Circumstances where consumers have right of redress against suppliers
17: Exception in respect of guarantee as to acceptable quality
18: Options against suppliers where goods do not comply with guarantees
19: Requirement to remedy
20: Loss of right to reject goods
21: Failure of substantial character
22: Manner of rejecting goods
23: Consumers' options of refund or replacement
24: Rights of donees
25: Circumstances where consumers have right of redress against manufacturers
26: Exceptions to right of redress against manufacturers
27: Options against manufacturers where goods do not comply with guarantees
28: Guarantee as to reasonable care and skill
29: Guarantee as to fitness for particular purpose
30: Guarantee as to time of completion
31: Guarantee as to price
32: Options of consumers where services do not comply with guarantees
33: Exceptions to right of redress against supplier in relation to services
34: Contracts of work and materials
35: Application of right to cancel contract
36: Failure of substantial character
37: Rules applying to cancellation
38: Effects of cancellation
39: Ancillary power of court or Disputes Tribunal to grant relief
40: Saving
41: Exceptions
42: Exception in respect of repairs and parts
43: No contracting out except for business transactions
43A: Exclusion of liability in favour of non-contracting supplier
44: Assessment of damages in case of hire purchase agreements
45: Liability for representations
46: Liability of assignees and creditors
48: Exclusion where Consumer Guarantees Act 1993 applies
49: Exclusion where Consumer Guarantees Act 1993 applies
50: Application of Motor Vehicle Dealers Fidelity Guarantee Fund
51: Jurisdiction of Disputes Tribunal
52: Referral of certain disputes to Disputes Tribunal
53: Assignees
54: Savings
55: Fair Trading Act 1986 and Consumer Guarantees Act 1993 not affected
56: Application of Act
3: Public notice
4: Meaning of solvency test
5: Meaning of holding company and subsidiary
6: Extended meaning of subsidiary
9: Act binds the Crown
16: Capacity and powers
17: Validity of actions
18: Dealings between company and other persons
19: No constructive notice
25: Use of company name
27: Effect of Act on company having constitution
28: Effect of Act on company not having constitution
31: Effect of constitution
36: Rights and powers attaching to shares
37: Types of shares
39: Transferability of shares
42: Issue of other shares
44: Shareholder approval for issue of shares
45: Pre-emptive rights
47: Consideration to be decided by board
48: Exceptions to section 47
49: Consideration in relation to issue of options and convertible financial products
50: Consent to issue of shares
52: Board may authorise distributions
54: Shares in lieu of dividends
55: Shareholder discounts
56: Recovery of distributions
57: Reduction of shareholder liability a distribution
58: Company may acquire its own shares
59: Acquisition of company's own shares
60: Board may make offer to acquire shares
61: Special offers to acquire shares
62: Disclosure document
63: Stock exchange acquisitions subject to prior notice to shareholders
64: Disclosure document
65: Stock exchange acquisitions not subject to prior notice to shareholders
66: Cancellation of shares repurchased
67: Enforceability of contract to repurchase shares
67A: Company may hold its own shares
67B: Rights and obligations of shares company holds in itself suspended
67C: Reissue of shares company holds in itself
69: Redemption at option of company
70: Company must satisfy solvency test
71: Special redemption of shares
72: Disclosure document
73: Cancellation of shares redeemed
74: Redemption at option of shareholder
75: Redemption on fixed date
76: Financial assistance
77: Company must satisfy solvency test
78: Special financial assistance
79: Disclosure document
80: Financial assistance not exceeding 5% of shareholders' funds
81: Enforceability of transactions
82: Subsidiary may not hold shares in holding company
83: Statement of rights to be given to shareholders
85: Transfer of shares under approved system
86: Transfer of shares by operation of law
89: Share register as evidence of legal title
90: Directors' duty to supervise share register
91: Power of court to rectify share register
92: Trusts not to be entered on register
94: Assignee of bankrupt may be registered
95: Share certificates
97: Liability of shareholders
98: Liability of former shareholders
99: Additional provisions relating to liability of shareholders and former shareholders
100: Liability for calls
101: Shareholders not required to acquire shares by alteration to constitution
102: Liability of personal representative
103: Liability of an assignee
104: Exercise of powers reserved to shareholders
105: Exercise of powers by ordinary resolution
106: Powers exercised by special resolution
107: Unanimous assent to certain types of action
108: Company to satisfy solvency test
109: Management review by shareholders
110: Shareholder may require company to purchase shares
111: Notice requiring purchase
112: Price for shares to be purchased by company determined
113: Purchase of shares by third party
114: Court may grant exemption
115: Court may grant exemption if company insolvent
116: Meaning of classes and interest groups
117: Alteration of shareholder rights
118: Shareholder may require company to purchase shares
119: Actions not invalid
121: Special meetings of shareholders
122: Resolution in lieu of meeting
123: Court may call meeting of shareholders
124: Proceedings at meetings
125: Shareholders entitled to receive distributions, attend meetings, and exercise rights
127: Meaning of board
129: Major transactions
130: Delegation of powers
131: Duty of directors to act in good faith and in best interests of company
132: Exercise of powers in relation to employees
133: Powers to be exercised for proper purpose
134: Directors to comply with Act and constitution
135: Reckless trading
136: Duty in relation to obligations
137: Director's duty of care
138: Use of information and advice
139: Meaning of interested
140: Disclosure of interest
141: Avoidance of transactions
142: Effect on third parties
143: Application of sections 140 and 141 in certain cases
144: Interested director may vote
145: Use of company information
146: Meaning of relevant interest
147: Relevant interests to be disregarded in certain cases
148: Disclosure of share dealing by directors
149: Restrictions on share dealing by directors
152: Director's consent required
155: Appointment of directors to be voted on individually
156: Removal of directors
158: Validity of director's acts
161: Remuneration and other benefits
162: Indemnity and insurance
163: Interpretation
164: Injunctions
165: Derivative actions
166: Costs of derivative action to be met by company
167: Powers of court where leave granted
169: Personal actions by shareholders against directors
170: Actions by shareholders to require directors to act
171: Personal actions by shareholders against company
172: Actions by shareholders to require company to act
173: Representative actions
174: Prejudiced shareholders
175: Certain conduct deemed prejudicial
176: Alteration to constitution
177: Ratification of certain actions of directors
178: Information for shareholders
179: Investigation of records
180: Method of contracting
182: Pre-incorporation contracts may be ratified
183: Warranties implied in pre-incorporation contracts
184: Failure to ratify
185: Breach of pre-incorporation contract
191: Inspection of records by directors
194: Accounting records must be kept
196: Overview
197: Non-application of subpart if alternative financial reporting duties under financial markets legislation
198: Interpretation
199: Determining number of shareholders
200: Application of preparation provisions
201: Financial statements must be prepared
202: Group financial statements must be prepared
203: Recognition of financial reporting requirements of overseas countries
204: Financial statements for overseas company must include financial statements for large New Zealand business
205: Balance date of subsidiaries
206: Application of audit requirement
207: Financial statements must be audited
208: Obligation to prepare annual report
209: Obligation to make annual report available to shareholders
209A: Board must send copy of annual report or concise annual report on request
209B: Annual report and concise annual report made available by electronic means
210: Information for shareholders who elect not to receive annual report
211: Contents of annual report
211A: Obligations to prepare and make available annual reports or financial statements do not apply to non-active companies
212: Shareholders may elect not to receive documents
213: Failure to disclose
215: Public inspection of company records
216: Inspection of company records by shareholders
217: Manner of inspection
218: Copies of documents
220: Amalgamation proposal
221: Approval of amalgamation proposal
222: Short form amalgamation
225A: Registers
226: Powers of court in other cases
227: Interpretation
228: Compromise proposal
229: Notice of proposed compromise
230: Effect of compromise
231: Variation of compromise
232: Powers of court
233: Effect of compromise in liquidation of company
234: Costs of compromise
235: Interpretation
236: Approval of arrangements, amalgamations, and compromises
237: Court may make additional orders
238: Parts 13 and 14 not affected
239: Application of section 233
239A: Objects of this Part
239B: Interpretation of some key terms
239C: Interpretation of other terms
239D: When administration begins
239E: When administration ends
239H: Who may appoint administrator
239I: Appointment by company
239J: Appointment by liquidator or interim liquidator
239K: Appointment by secured creditor
239L: Appointment by court
239M: Appointment must not be revoked
239N: Appointment of 2 or more administrators
239O: Remuneration of administrator
239Q: Administrator may resign
239R: Removal of administrator
239T: Creditors must consider appointment of replacement administrator
239U: Outline of administrator's role
239V: Administrator's powers
239W: Administrator is company's agent
239X: Effect on directors
239Z: Effect on dealing with company property
239AA: Company officer's liability for compensation for void transaction or dealing
239AB: Effect on transfer of shares
239AC: Effect on liquidation
239AD: Effect on receivership
239AE: Administrator must investigate company's affairs and consider possible courses of action
239AF: Directors' statement of company's position
239AG: Administrator's right to documents, etc
239AI: Administrator must report misconduct
239AJ: Administrator must call creditors' meetings
239AK: Conduct of creditors' meetings
239AL: Joint meetings of creditors of related companies in administration
239AM: Related creditor’s vote disregarded unless court orders otherwise
239AN: Administrator must call first creditors' meeting
239AO: Notice of first and subsequent creditors' meetings
239AP: Administrator must table documents at first creditors' meeting
239AQ: Functions of creditors' committee
239AR: Membership of creditors' committee
239AS: What watershed meeting is
239AT: Administrator must convene watershed meeting
239AU: Notice of watershed meeting
239AV: When watershed meeting must be held
239AW: Directors must attend watershed meeting
239AX: Disclosure of voting arrangements
239AY: Court may order that pooled property owners are separate class
239AZ: Adjournment of watershed meeting
239ABA: What creditors may decide at watershed meeting
239ABB: What happens if proposed deed not fully approved at watershed meeting
239ABC: Charge unenforceable
239ABD: Owner or lessor must not recover property used by company
239ABE: Proceeding must not be begun or continued
239ABF: Administrator not liable in damages for refusing consent
239ABG: Enforcement process halted
239ABH: Duties of court officer in relation to company's property
239ABI: Lis pendens taken to exist
239ABJ: Administration not to trigger enforcement of guarantee of liability of director or relative
239ABK: Meaning of terms used in this subpart
239ABL: If secured creditor acts before or during decision period
239ABM: If enforcement of charges begins before administration
239ABN: Charge over perishable property
239ABO: Court may limit powers of secured creditor, etc, in relation to property subject to charge
239ABP: Giving notice under security agreement
239ABQ: If recovery of property begins before administration
239ABR: Recovering perishable property
239ABS: Court may limit powers of receiver, etc, in relation to property used by company
239ABT: Giving notice under agreement about property
239ABU: When liquidator may be appointed to company in administration
239ABV: Court may adjourn application for liquidation
239ABW: Court must not appoint interim liquidator if administration in creditors' interests
239ABX: Effect of appointment of liquidator
239ABY: Former administrator is default liquidator
239ABZ: Person in control of company must lodge revised report with Registrar
239ACA: Act of administrator in good faith must not be set aside in liquidation
239ACB: Voidable transactions and voidable dispositions
239ACC: Who is deed administrator
239ACE: What deed administrator must do before appointment
239ACF: Appointment of deed administrator must not be revoked
239ACG: Appointment of 2 or more deed administrators
239ACH: When office of deed administrator vacant
239ACI: Deed administrator may resign
239ACJ: Removal of deed administrator
239ACK: Remuneration of deed administrator
239ACL: Deed administrator may sell shares in company
239ACM: When this subpart applies
239ACN: Preparation and contents of deed
239ACO: Execution of deed
239ACP: Procedure if deed not fully approved at watershed meeting
239ACQ: Creditor must not act inconsistently with deed, etc, before execution
239ACR: Company's failure to execute deed
239ACS: Who is bound by deed
239ACT: Extent to which deed binds creditors
239ACU: Person bound by deed must not take steps to liquidate, etc
239ACV: Court may restrain creditors and others from enforcing charge or recovering property
239ACW: Effect of deed on company's debts
239ACX: Court may rule on validity of deed
239ACY: Administrator includes deed administrator
239ACZ: Administrator must file accounts
239ADA: Creditors may vary deed
239ADB: Court may cancel creditors' variation
239ADC: Termination of deed
239ADD: Termination by court
239ADE: Termination by creditors
239ADF: Creditors' meeting to consider proposed variation or termination of deed
239ADG: Administrator not liable for company's debts except as provided in this subpart and in section 239Y
239ADH: Administrator liable for general debts
239ADI: Administrator's liability for rent
239ADJ: Administrator not liable for rental if non-use notice in force
239ADK: Court may exempt administrator from liability for rent
239ADL: Administrator's indemnity
239ADM: Administrator's right of indemnity has priority over other debts
239ADN: Lien to secure indemnity
239ADO: Court's general power
239ADP: Orders to protect creditors during administration
239ADQ: Court may rule on validity of administrator's appointment
239ADR: Administrator may seek directions
239ADS: Court may supervise administrator or deed administrator
239ADT: Court may order administrator or deed administrator to remedy default
239ADU: Court's power when office of administrator or deed administrator vacant, etc
239ADW: Administrator must give notice of appointment
239ADX: Secured creditor who appoints administrator must give notice to company
239ADY: Deed administrator must give notice of execution of deed of company arrangement
239ADZ: Deed administrator must give notice of failure to execute deed of company arrangement
239AEA: Deed administrator must give notice of termination by creditors of deed of company arrangement
239AEB: Company must disclose fact of administration
239AEC: Notice of change of name
239AED: Effect of contravention of this subpart
239AEE: Effect of things done during administration of company
239AEF: Interruption of time for doing act
239AEG: Mutual credit and set-off
239AEH: Application of set-off under netting agreement
239AEI: Calculation of netted balance
239AEJ: Mutuality required for transactions under bilateral netting agreements
239AEK: When mutuality required for transactions under recognised multilateral netting agreements
239AEL: Application of set-off under section 239AEG to transactions subject to netting agreements
239AEM: Transactions under netting agreement and effect on certain sections
239AEN: Rights under netting agreement not affected by commencement of administration
239AEO: Effect of declaration of person as recognised clearing house under section 310K
239AEP: Transactions under recognised multilateral netting agreement not affected by variation or revocation of declaration under section 310K
239AER: Court may order single administration for related companies in administration
239AET: Guidelines for single administration order
239AEU: Court may order that related company in administration be added to existing pool
239AEV: Creditors' meetings in single administration of pool companies
239AEW: Pool companies may execute single deed of company administration
240: Interpretation
241: Commencement of liquidation
241AA: Restriction on appointment of liquidator by shareholders or board after application for court appointment served on company
241A: Commencement of liquidation to be recorded
242: Liquidators to act jointly unless otherwise stated
243: Liquidator to summon meeting of creditors
244: Liquidator to summon meeting of creditors in other cases
245: Liquidator may dispense with meetings of creditors
245A: Related creditor’s vote at meeting of creditors to be disregarded unless court orders otherwise
246: Interim liquidator
248: Effect of commencement of liquidation
250: Court may terminate liquidation
251: Restriction on rights of creditors to complete execution, distraint, or attachment
252: Duties of officer in execution process
253: Principal duty of liquidator
254: Liquidator not required to act in certain cases
255: Other duties of liquidator
258: Duty to have regard to views of creditors and shareholders
258A: Duty to report suspected offences
259: Documents to state company in liquidation
260: Powers of liquidator
260A: Liquidator may assign right to sue under this Act
261: Power to obtain documents and information
262: Documents in possession of receiver
263: Restriction on enforcement of lien over documents
264: Delivery of document creating charge over property
266: Powers of court
267: Self-incrimination
268: Power of liquidator to enforce liability of shareholders and former shareholders
269: Power to disclaim onerous property
270: Liquidator may be required to elect whether to disclaim onerous property
271: Pooling of assets of related companies
271A: Notice that application filed must be given to administrators and creditors
272: Guidelines for orders
276: Remuneration of liquidators
278: Expenses and remuneration payable out of assets of company
279: Liquidator ceases to hold office on completion of liquidation
280: Who may be appointed as liquidator
281: Validity of acts of liquidators
283: Vacancies in office of liquidator
284: Court supervision of liquidation
285: Meaning of failure to comply
286: Orders to enforce liquidator's duties
287: Meaning of inability to pay debts
288: Evidence and other matters
289: Statutory demand
290: Court may set aside statutory demand
291: Additional powers of court on application to set aside statutory demand
292: Insolvent transaction voidable
293: Voidable charges
294: Procedure for setting aside transactions and charges
295: Other orders
296: Additional provisions relating to setting aside transactions and charges
297: Transactions at undervalue
298: Transactions for inadequate or excessive consideration with directors and certain other persons
299: Court may set aside certain securities and charges
300: Liability if proper accounting records not kept
301: Power of court to require persons to repay money or return property
302: Application of bankruptcy rules to liquidation of insolvent companies
303: Admissible claims
304: Claims by unsecured creditors
305: Rights and duties of secured creditors
306: Ascertainment of amount of claim
307: Claim not of an ascertained amount
308: Fines and penalties
309: Claims relating to debts payable after commencement of liquidation
310: Mutual credit and set-off
310A: Definitions relating to set-off under netting agreement
310B: Application of set-off under netting agreement
310C: Calculation of netted balance
310D: Mutuality required for transactions under bilateral netting agreements
310E: When mutuality required for transactions under recognised multilateral netting agreements
310F: Application of set-off under section 310 to transactions subject to netting agreements
310G: Transactions under netting agreement and effect on certain sections
310H: Rights under netting agreement not affected by commencement of liquidation
310I: Set-off under netting agreement not affected by notice under section 294
310J: Court may set aside bilateral netting agreement between company and related person
310L: Matters that Bank must or may have regard to when making, varying, or revoking declaration under section 310K
310M: Bank may impose conditions in declaration under section 310K
310N: Bank to notify recognised clearing house about Bank's intention to revoke or vary declaration under section 310K
310O: Transactions under recognised multilateral netting agreement not affected by variation or revocation of declaration under section 310K
311: Interest on claims
312: Preferential claims
313: Claims of other creditors and distribution of surplus assets
314: Meetings of creditors or shareholders
315: Liquidation committees
316: Establishment of Liquidation Surplus Account
316A: Transitional provision in relation to voidable transactions
316B: Transitional provision in relation to Liquidation Surplus Account under section 290 of Companies Act 1955
324: Property of company removed from register
325: Disclaimer of property by the Crown
326: Liability of directors, shareholders, and others to continue
327: Liquidation of company removed from New Zealand register
329: Court may restore company to New Zealand register
331: Vesting of property in company on restoration to register
332: Meaning of carrying on business
332A: Registrar may approve use of different form
335: Validity of transactions not affected
338: Use of name by overseas company
339A: Rectification or correction of name or address of person authorised to accept service
343: Attorneys of overseas companies
343A: Overseas company not required to provide information, notice, or document in certain circumstances
347: Overseas companies that cannot be registered
349: Effect of registration
350: Companies may transfer incorporation
352: Approval of shareholders
353: Company to give public notice
354: Companies that cannot transfer incorporation
356: Effect of removal from register
3: Purpose of this Act
4: Interpretation
6: Financial Markets Authority established
9: FMA's functions
11: Associate members
14: FMA may act by divisions
15: Membership, chairperson, meetings, and resolutions of division
16: Powers of division
18: Completion of proceedings where member unable to attend meeting
20: Minister may request that FMA inquire and report
22: Protection from liability for FMA and members and employees
23: FMA's warnings, reports, guidelines, or comments protected by qualified privilege
24: Evidence of orders and decisions of FMA
25: FMA may require person to supply information, produce documents, or give evidence
26: Powers of FMA to receive evidence
28: Witnesses' expenses
29: Power to enter and search place, vehicle, or other thing
30: Sharing of information and documents with law enforcement or regulatory agencies and overseas regulators
31: Power of FMA to act on requests of overseas regulators
32: FMA's consideration of requests
33: Conditions that may be imposed on providing information, documents, or evidence to other agencies or regulators
34: FMA may exercise person’s right of action
35: Requirements for FMA exercising person’s right of action
36: High Court may grant leave in certain circumstances
37: Procedural requirements for leave to exercise person’s right of action
38: Powers of High Court for proceedings exercising person’s right of action
39: Representative actions
44: Power to make confidentiality orders
45: Publication or disclosure with FMA's consent
46: FMA may accept undertakings
47: Enforcement of undertakings
48: FMA may state case for opinion of High Court
49: FMA may require its warning to be disclosed
52: Power to authorise person to obtain information or documents
53: Requirements for persons authorised to obtain information or documents
55: Protection from liability for persons exercising powers
61: Criminal liability for obstructing exercise of powers
62: Notices
63: Service of notices
64: Powers not limited
65: Limitation on disclosure of information obtained in FMA's operations
68: Levy of financial markets participants and other persons registered or incorporated under Acts referred to in Schedule 1
69: FMA must consult about request for appropriation
70: Interpretation
71: Securities Commission disestablished
72: Consequences of disestablishment
73: References to Securities Commission
75: Effect of Act
81: Ministry of Economic Development employees
82: Amendments to other enactments
84: Amendments consequential on replacement of Commission by FMA
85: Amendments consequential on replacement of Government Actuary by FMA
360B: Powers of court
361: Registrar may direct transfer
363: Inspection and evidence of registers
364: Notice by Registrar
365: Registrar's powers of inspection
366: Disclosure of information and reports
367: Application of Official Information Act 1982 and Privacy Act 1993
Schedule 1: Financial markets legislation
368: Appeals from decisions under section 367
369: Inspector's report admissible in liquidation proceedings
370: Appeals from Registrar's decisions
371: Exercise of powers under section 365, 365F, 365G, or 365H not affected by appeal
Schedule 3: Amendments to other enactments
373: Penalty for failure to comply with Act
374: Penalties that may be imposed on directors in cases of failure by board or company to comply with Act
Schedule 4: Amendments to replace references to Securities Commission or Government Actuary
375: Proceedings for offences
376: Defences
377: False statements
378: Fraudulent use or destruction of property
380: Carrying on business fraudulently or dishonestly incurring debt
381: Improper use of Limited
383: Court may disqualify directors
384: Liability for contravening sections 382 and 383
385: Registrar or FMA may prohibit persons from managing companies
386: Liability for contravening section 385 or section 385AA
386A: Director of failed company must not be director, etc, of phoenix company with same or substantially similar name
386B: Definitions for purpose of phoenix company provisions
386C: Liability for debts of phoenix company
386D: Exception for person named in successor company notice
386E: Exception for temporary period while application for exemption is made
386F: Exception in relation to non-dormant phoenix company known by pre-liquidation name of failed company for at least 12 months before liquidation
387: Service of documents on companies in legal proceedings
389: Service of documents on overseas companies in legal proceedings
390: Service of other documents on overseas companies
391: Service of documents on shareholders and creditors
394: Directors' certificates
395: Regulations
397: Securities Transfer Act 1991 amended
Schedule 1: Proceedings at meetings of shareholders
Schedule 2: Sections of this Act that confer powers on directors that cannot be delegated
Schedule 3: Proceedings of the board of a company
Schedule 4: Information to be contained in annual return
Schedule 5: Proceedings at meetings of creditors
Schedule 6: Powers of liquidators
Schedule 7: Preferential claims
Schedule 8: Proceedings at meetings of liquidation committees
Schedule 9: Liquidation of overseas companies
105C: Bribery of foreign public official
105D: Bribery outside New Zealand of foreign public official
230: Taking, obtaining, or copying trade secrets
242: False statement by promoter, etc
265: Imitating authorised or customary marks
239EA: Voluntary administration of licensed insurers
8: FMA's main objective
40: FMA must consult person A
42: Special limitation provision
43: Transitional provisions
50: FMA must give notice of orders
51: Offence of failing to comply with order
54: Non-disclosure of information or documents from exercise of powers under section 25 except in certain circumstances
59: Confidentiality of information and documents
60: Conditions relating to publication or disclosure of information or documents
83: Transitional provisions relating to consequential amendments to Unit Trusts Act 1960
58: Effect of final decision that exercise of powers under section 25 unlawful
67: Regulations relating to fees, charges, and costs
258B: Registrar may supply report to FMA
371A: Sharing of information with Financial Markets Authority
385A: Appeals from FMA's exercise of power under section 385 or section 385AA
Schedule 3:
28A: Regulations relating to disclosure by fund-raisers making requests for charitable purposes
48B: Purpose of sections 48C to 48O (which relate to assistance to overseas regulators)
48C: Definitions of terms used in sections 48B to 48O
48D: Restrictions on providing compulsorily acquired information and investigative assistance
48E: Government-to-government co-operation arrangements
48F: Regulator-to-regulator co-operation arrangements
48G: Content of co-operation arrangements
48H: Procedures relating to co-operation arrangements
48I: Providing compulsorily acquired information and investigative assistance
48J: Conditions on providing compulsorily acquired information and investigative assistance
48K: Notice to persons affected by provision of information
48L: Reporting on use of co-operation arrangements
48M: Sharing of non-compulsorily acquired information not affected
48N: Information provided by consent
48O: Maintenance of privilege
6: Disqualification from registration
401: References to companies incorporated under Companies Act 1955
3: Object of this Act
4: Parties to employment relationship to deal with each other in good faith
1A: Purpose
14A: When vendor bids are misrepresentations
30A: Product safety policy statements
30B: Review of product safety policy statements
31A: Voluntary product recall
33A: Appointment of product safety officers
33B: Certificates of appointment
33C: Powers of product safety officers
33D: Suspension of supply notices
43A: Application for order under section 43
43B: Limits on jurisdiction of District Court and Disputes Tribunal to make orders under section 43
46A: Commission may accept undertakings
46B: Enforcement of undertakings
46C: Management banning orders
46D: Terms of management banning orders
46E: Offence to breach management banning order
46F: Procedures relating to management banning order
46G: Seeking leave of court
47K: Commission may authorise employees for monitoring and enforcement purposes
47L: Powers of authorised employees
1A: Purpose
23A: Goods subject to collateral credit agreement
39A: Services subject to collateral credit agreement
1A: Purpose
25: Penalty for certain acts in relation to entering workplace
31: Object of this Part
32: Good faith in bargaining for collective agreement
33: Duty of good faith requires parties to conclude collective agreement unless genuine reason not to
34: Providing information in bargaining for collective agreement
35: Codes of good faith
39: Authority or court may have regard to code of good faith
42: How bargaining initiated
47: When secret ballots required after employer initiates bargaining for single collective agreement
49: Parties joining bargaining after it begins
50: Consolidation of bargaining
50G: Proposals made or positions reached during facilitation
50H: Recommendation by Authority
50I: Party must deal with Authority in good faith
50J: Remedy for serious and sustained breach of duty of good faith in section 4 in relation to collective bargaining
51: Ratification of collective agreement
54: Form and content of collective agreement
58: Employee who resigns as member of union but does not resign as employee
59A: Interpretation
59B: Breach of duty of good faith to pass on, in certain circumstances, in individual employment agreement terms and conditions agreed in collective bargaining or in collective agreement
59C: Breach of duty of good faith to pass on, in certain circumstances, in collective agreement provisions agreed in other collective bargaining or another collective agreement
61: Employee bound by applicable collective agreement may agree to additional terms and conditions of employment
63A: Bargaining for individual employment agreement or individual terms and conditions in employment agreement
65A: Deduction of union fees
69H: Employee bargaining for alternative arrangements
69O: Authority may investigate bargaining and determine redundancy entitlements
69OA: Object of this subpart
69OC: Disclosure of employee transfer costs information
69OH: Object of this subpart
69P: Interpretation
69Q: Bargaining fee clause does not come into force unless agreed to first by employer and union and then by secret ballot
69R: Employer to notify employees if bargaining fee clause agreed to
69S: Which employees bargaining fee clause applies to
69T: Bargaining fee clause binding on employer and employee
69U: Amount of bargaining fee
69V: Expiry of bargaining fee clause
69W: Validity of bargaining fee clause
71: Interpretation
83: Lawful strikes and lockouts related to collective bargaining
85: Effect of lawful strike or lockout
87: Suspension of striking employees
96: Employer not liable for wages during lockout
48P: Proceedings relating to financial products or financial services
48Q: No pecuniary penalty and fine for same conduct involving financial products or financial services
48R: Unsubstantiated representations prohibition does not apply to financial markets disclosure
48S: Certain conduct under Financial Markets Conduct Act 2013 does not contravene various provisions of this Act
46A: Undertaking may include requirements as to compensation or penalties
48A: FMA may appear and be heard and adduce evidence
134: Penalties for breach of employment agreement
140A: Compliance order in relation to disclosure of employee transfer costs information and individualised employee information
207A: Audit must be carried out in accordance with auditing and assurance standards
207B: Auditor must report to shareholders
207C: Auditor's report must be sent to Registrar and External Reporting Board if requirements have not been complied with
207D: Application of registration provisions
207E: Financial statements must be registered
207F: Shareholders may request copy of financial statements prepared for tax purposes
207G: Financial reporting offences
207H: Period during which company may opt in or opt out
207I: Companies with 10 or more shareholders may opt out
207J: Large companies may opt out of audit requirement
207K: Companies with fewer than 10 shareholders may opt in
207L: Registrar may grant exemptions to overseas companies
207M: Publication and status of exemptions
207N: Consultation
207O: Exemption may apply to accounting period before exemption is granted
207P: Auditor must be appointed if financial statements must be audited
207Q: Registrar may appoint auditor
207R: Resignation and casual vacancy
207S: Auditor's fees and expenses
207T: Automatic reappointment
207U: Replacement of auditor
207V: Auditor not seeking reappointment or resigning
207W: Auditor's attendance at shareholders' meeting
207X: Interpretation in this subpart
207Y: Infringement offences
207Z: Infringement notices
207ZA: Procedural requirements for infringement notices
207ZB: Payment of infringement fee
340A: Financial reporting requirements for large overseas companies
162: Application of law relating to contracts
5C: No contracting out: general rule
5D: No contracting out: exception for parties in trade
12A: Unsubstantiated representations
12B: Court must have regard to certain matters
12C: Limitation on commencement of proceedings in relation to unsubstantiated representations
12D: Section 12A subject to other enactments
21A: Liability of recipient of unsolicited goods
21B: Liability of recipient of unsolicited services
21C: Prohibition on asserting right to payment in respect of unsolicited goods or unsolicited services
21D: Regulations
28B: Disclosure of trader status on Internet
36A: Purpose of Part
36B: Meaning of layby sale agreement
36C: Disclosure requirements relating to layby sale agreement
36E: Risk in goods
36F: Cancellation of layby sale agreement by consumer
36G: Cancellation of layby sale agreement by supplier
36I: Bankruptcy, receivership, liquidation, or voluntary administration of supplier: completion of layby sale agreement
36J: Bankruptcy, receivership, or liquidation of supplier: consumer priority
36K: Meaning of uninvited direct sale agreement
36L: Disclosure requirements relating to uninvited direct sale agreements
36M: Cancellation of uninvited direct sale agreement by consumer
36N: Enforcement of uninvited direct sale agreement by supplier
36O: Effect of cancellation of uninvited direct sale agreement
36P: Supplier's obligations on cancellation of uninvited direct sale agreement
36Q: Consumer's obligations on cancellation of uninvited direct sale agreement
36R: Compensation on cancellation of uninvited direct sale agreement
36S: Regulations
36T: Meaning of extended warranty agreement and related definitions
36U: Disclosure requirements relating to extended warranty agreements
36V: Cancellation of extended warranty agreement
36W: Regulations
36X: Definitions
36Y: Application of subpart
36Z: Each lot is separate contract of sale
36ZA: Start and end of auction
36ZB: Notice to participants
36ZC: Vendors selling in trade
36ZD: Vendor bids
36ZE: Bids may be withdrawn until end of auction
36ZF: Account and payment of proceeds
40B: Infringement offence, etc, defined
40C: Infringement offence alleged
40D: Issue of infringement notice
40E: Procedural requirements for infringement notices
40F: What Commission does with infringement fees
40H: Regulations relating to infringement offences
5A: Guarantee as to delivery
7B: Relationship of section 7A with rest of Act
46A: Indemnification of gas and electricity retailers
138A: Offence for serious breach of director's duty to act in good faith and in best interests of company
236A: Arrangement or amalgamation involving code company
236B: Takeovers code does not apply where court order under section 236
Schedule 10: Interest class: principles
2A: Purposes of this Act
15A: Purpose of FMA's powers relating to registration
18A: Purpose of FMA's powers relating to deregistration
362C: Consumer rights under Fair Trading Act 1986 or Consumer Guarantees Act 1993 not affected by this Part
362K: Person may not give away benefit of warranties
50KA: Declaration or determination under section 50K not to be made if breach of duty of good faith by party seeking declaration
95B: Employer may make specified pay deductions in relation to partial strike
95G: Employer must respond to request for information about specified pay deduction
Schedule 1AA: Application, savings, and transitional provisions relating to amendments made to this Act after 1 January 2013
69CD: Provision of information for purposes of giving warranty
69FA: Employer's breach of obligations not to affect employee's rights and new employer's obligations
69LC: Implied warranty by employer of transferring employees
95A: Meaning of partial strike and specified pay deduction
26A: Unfair contract terms in standard form consumer contracts
46H: Application by Commission for declaration of unfair contract term
46I: Declaration of unfair contract terms
46J: Standard form contracts
46K: Terms that may not be declared to be unfair contract terms
46L: When term in consumer contract or small trade contract is unfair
46M: Examples of unfair contract terms
94A: Meaning of ultimate holding company information
94B: Notice of ultimate holding company changes
388A: Service of other documents on directors
365A: Purpose of sections 365B to 365H
365B: Control interests in shares (basic rule)
365C: Extension of basic rule to powers or controls exercisable through trust, agreement, etc
365D: Extension of basic rule to interests held by other persons under control or acting jointly
365E: Situations not giving rise to control interests
365F: Registrar may require persons to disclose control interests and powers to get control interests
365G: Registrar may require disclosure about controllers or delegates of directors
365H: Registrar may specify deadlines, form, and verification for information required under section 365F or 365G
366A: Registrar's powers to insert note of warning in register
366B: Registrar must remove note of warning
385AA: Additional power for Registrar or FMA to prohibit persons from managing companies
67C: Agreed hours of work
67H: Secondary employment provisions
142A: Object of this Part
142G: Maximum amount of pecuniary penalty
142Z: State of mind of directors, employees, or agents attributed to body corporate or other principal
142ZA: Conduct of directors, employees, or agents attributed to body corporate or other principal
142ZC: Defences for person in breach
142ZD: Defences for person involved in breach
360C: Alteration of entries on New Zealand register and overseas register without application
1: Title
5: Overview of this Act
6: Transitional, savings, and related provisions
7: Status of examples
8: Act binds the Crown
9: Interpretation
10: Purpose
11: Interpretation
12: Deed or contract for benefit of person who is not party to deed or contract
13: Section 12 does not apply if no intention to create obligation enforceable by beneficiary
14: Variation or discharge of promise may require beneficiary’s consent
15: Variation or discharge by agreement or in accordance with express provision
16: Court may authorise variation or discharge
17: Enforcement by beneficiary
18: Availability of defences
19: This subpart does not apply to promises, contracts, or deeds governed by foreign law
20: Savings
21: Purpose of this subpart
22: This subpart to be code
23: Interpretation
24: Relief may be granted if mistake by one party is known to another party or is common or mutual
25: Mistake does not include mistake in interpretation of contract
26: Decision to enter into contract not influenced by mistake if party aware of it
27: Mistake caused by party seeking relief
28: Nature of relief
29: Court may grant relief to person claiming through or under party
31: Rights of third persons not affected
32: This subpart does not apply to contracts governed by foreign law
33: Meaning of cancel
34: Remedy provided in contract
35: Damages for misrepresentation
36: Party may cancel contract if another party repudiates it
37: Party may cancel contract if induced to enter into it by misrepresentation or if term is or will be breached
38: No cancellation if contract is affirmed
39: Parties with substantially same interest
40: Sections 36 to 39 have effect in place of rules of common law and of equity
41: When cancellation may take effect
42: Effect of cancellation
43: Power of court to grant relief
44: Order for relief may be subject to terms and conditions
45: Matters court must have regard to
46: Protection of purchaser of property in good faith and for valuable consideration
47: Party who has altered position
48: Persons who may apply
49: Recovery of damages
50: Statement, promise, or undertaking during negotiations
51: Authority for making or giving statement, promise, or undertaking
52: Contracts for sale of goods
53: Proceeding before Disputes Tribunal
54: Remedies enforceable by or against assignee
55: Damages may not exceed value of performance of assigned contract
56: Assignee indemnified by assignor
57: Other provisions relating to assignees
58: This subpart does not apply to contracts governed by foreign law
59: Savings
60: Application
61: Money paid may be recovered and money payable ceases to be payable
62: Court may allow party who has incurred expenses to retain or recover money
63: Sum may be recovered if party has obtained valuable benefit
64: Benefit may be treated as being obtained
65: Estimates of expenses
66: Money payable under contract of insurance
67: Court must give effect to provision in contract
68: Court must treat performed part of contract that can be properly severed as separate contract
69: This subpart does not apply in certain circumstances
70: Interpretation
71: Illegal contract defined
72: Breach of enactment
73: Illegal contracts have no effect
74: Protection of persons who acquire property in good faith and without notice
75: Who may be granted relief
76: Court may grant relief
77: Order may be subject to terms and conditions
79: Court must not grant relief if not in public interest
80: Person acting with knowledge of facts or law giving rise to illegality
81: Persons who may apply
82: Restriction on granting relief otherwise than in accordance with this subpart
83: Restraints of trade
84: Law relating to restraint of trade and to ouster of jurisdiction not affected
85: Interpretation
86: Contracts unenforceable against minors but otherwise have effect
87: Court may inquire into fairness and reasonableness of contract
88: Court orders where contract was fair and reasonable
89: Court orders where contract was not fair and reasonable
90: Matters court must have regard to
93: Court may make orders about unconscionable, harsh, or oppressive contract of service or life insurance contract
94: Sections 92 and 93 do not apply in certain circumstances
95: Compensation or restitution
102: Guarantees and indemnities
110: Sections 103 to 109 do not limit or affect certain other provisions
113: Jurisdiction of District Court
115: This subpart to be code
119: Interpretation
120: Contract of sale of goods
121: Contracts of sale may be between one part-owner and another
122: Contracts of sale may be absolute or conditional
123: Sale and agreement to sell
124: Capacity to buy and sell
125: How contract of sale is made
126: Existing or future goods
127: Contract void if goods have perished at time when contract is made
128: Contract void if goods perish before sale but after agreement to sell
129: Fixing contract price
130: Agreement to sell at valuation
131: Stipulations about time
132: Conditions and warranties
133: Breach of condition to be fulfilled by seller
134: Impossibility or other excuse
135: Implied condition and warranties as to title and quiet possession
136: Sale by description
137: Implied conditions or warranties as to quality or fitness
138: Implied condition that goods are reasonably fit for purpose
139: Implied condition that goods are of merchantable quality
140: Implied warranty or condition by usage of trade
141: Express warranty or condition
142: Sale by sample
143: Goods must be ascertained
144: Property passes when intended to pass
145: Ascertaining parties’ intention
146: Rules for ascertaining parties’ intention
147: Reservation of right of disposal
148: Risk passes with property unless otherwise agreed
149: Sale by person who is not owner
150: Market overt
151: Sale under voidable title
153: Seller in possession after sale
154: Buyer in possession after sale
156: Duties of seller and buyer
157: Payment and delivery are concurrent conditions
158: Determining whether buyer to take possession of goods or seller to send goods
159: Place of delivery
160: Goods must be sent within reasonable time if no time is fixed
161: Goods in possession of third person
162: Demand or tender of delivery must be at reasonable hour
163: Seller must bear expenses of putting goods into deliverable state
164: Delivery of wrong quantity or of mixed goods
165: Buyer not bound to accept delivery by instalments
166: Instalment deliveries: breach of contract
167: Delivery to carrier
168: Risk where goods are delivered at place other than place where goods are sold
169: Buyer’s right to examine goods
170: Acceptance of goods
171: Buyer not bound to return rejected goods
172: Liability of buyer for neglecting or refusing to take delivery of goods
173: Unpaid seller defined
174: Unpaid seller's rights
175: Unpaid seller's lien
176: Part delivery
177: When unpaid seller loses lien
178: Right to stop goods in transit
179: Duration of transit
180: Goods delivered to ship chartered by buyer
181: Part delivery
182: How right is exercised
183: Notice of seller’s claim
184: Redelivery of goods
185: Effect of subsale or pledge by buyer
186: Transfer of document of title to person in good faith and for valuable consideration
187: Sale not generally rescinded by lien or stopping goods in transit
188: Buyer’s title on resale
189: Resale in case of perishable goods or notice of intention to resell
190: Express power of sale
191: Claim for price
192: Damages for non-acceptance
193: Damages for non-delivery
194: Specific performance
195: Remedy for breach of warranty
196: Interest and special damages
197: Exclusion of implied terms and conditions
198: Exclusion where Consumer Guarantees Act 1993 applies
199: Reasonable price and reasonable time are questions of fact
200: Rights and duties enforceable by proceeding
201: Savings
202: Purpose
203: Interpretation
204: Convention to have force of law
205: Convention to be code
206: Certificates about Contracting States
207: Purpose
209: Interpretation
210: Further provision relating to interpretation
211: Validity of information
212: When default rules in sections 213 to 216 apply
213: Time of dispatch
214: Time of receipt
216: Place of receipt
217: Time of communication of acceptance of offer
219: When legal requirement can be met by electronic means
220: Consent to use of electronic technology
221: When integrity of information maintained
222: Legal requirement that information be in writing
224: Legal requirement to give information in writing
225: Legal requirements relating to layout and format of certain information and writing materials
226: Legal requirement for signature
228: Presumption about reliability of electronic signatures
231: Extra conditions for electronic communications
232: Legal requirement to provide or produce information that is in paper or other non-electronic form
233: Legal requirement to provide or produce information that is in electronic form
234: Legal requirement to provide access to information that is in paper or other non-electronic form
236: Originals
237: Legal requirement relating to content of information
238: Copyright
241: Overview
244: Other remedies affected
245: Contracting out permitted for some matters
247: Meaning of unit of goods
248: Liability depends on kind of contract of carriage
249: Particular kind of contract of carriage is matter for agreement subject to meeting requirements for that kind
250: Requirements for contract for carriage at owner's risk
251: Requirements for contract for carriage at declared value risk
252: Requirements for contract for carriage on declared terms
253: Difference between amounts charged must be fair and reasonable for contract at owner’s risk or declared value risk
254: Contract between contracting carrier and actual carrier or between actual carriers
255: Application of sections 256 to 258
256: Liability of contracting carrier
257: When responsibility for goods begins
258: When responsibility for goods ends
259: Carrier’s liability limited to $2,000 for each unit of goods or to declared value
260: Carrier not liable in certain circumstances
263: Liability where more than 1 actual carrier is involved
264: When actual carriers are jointly responsible or separately responsible for goods
265: Provisions relating to joint liability of actual carriers
266: Rights of contracting party where contracting carrier insolvent or cannot be found
267: Liquidator or assignee in bankruptcy holds money on trust
270: Contracts of successive carriage by air
271: When successive carriers are jointly responsible or separately responsible for goods
273: Contracting party to warrant condition of goods and compliance with enactments
274: Notice of claim against contracting carrier must be given within 30 days
275: Notice of claim against actual carrier must be given within 10 days
276: No notice required if carrier is or ought to be aware of damage or loss or in case of fraud
277: Non-notified proceeding may be brought with carrier’s consent or leave of court
278: Limitation on proceedings against carriers for loss of goods
279: Limitation on proceedings against carriers for damage to or partial loss of goods
280: Proceeding may be brought after limitation period with carrier’s consent or leave of court
281: Proceeding by consignee if not contracting party
282: Contracting out permitted on rights of carriers
283: Right to sue for freight
284: Proceeding for recovery of freight
286: Notice of carrier’s claim
289: Storage and disposal of unclaimed or rejected goods
290: Disposal of perishable goods
291: Disposal of dangerous goods
292: Liability of carrier extinguished in respect of sale or disposal of goods
293: Common carrier of goods abolished
294: Proceedings against New Zealand agents of overseas carriers
295: Certain other Acts not affected
296: Interpretation
297: Sale, pledge, or other disposition by agent in possession with owner’s consent is valid
298: Buyer, etc, has notice of lack of authority if goods subject to perfected security interest
299: Effect of withdrawal or expiry of owner’s consent
300: Provisions relating to consent
301: Effect of pledges of documents of title
302: Pledge of goods as security for existing debt or liability
303: Rights acquired by exchange of goods or documents
304: Agreements through employees or other authorised persons
305: Consignee’s lien
306: Effect of transfer of document of title to goods on vendor’s lien and right of stopping goods in transit
307: Mode of transferring documents
308: Saving of rights of true owner
309: Common law powers of mercantile agent
312: Interpretation
313: Goods that cease to exist or cannot be identified
314: Holder of bill of lading or person to whom delivery is to be made has rights under contract of carriage
315: Rights where possession of bill of lading no longer gives right to possession of goods
316: Rights in relation to ship’s delivery order
317: Rights may be exercised for benefit of person who suffers loss or damage
319: Person in whom rights are vested becomes subject to liabilities
320: Liabilities exclude liabilities in respect of goods to which ship’s delivery order does not relate
321: Right of stopping goods in transit, or claims for freight, not affected
322: Bill of lading in hands of shipper, consignee, or endorsee is conclusive evidence as against master or other signer of bill
324: Special provisions about received for shipment bills of lading
325: Interpretation
326: Shipowner may enter and land goods in default of entry and landing by owner of goods
328: Owner who is ready and offers to land or take delivery of goods
331: Continuation of lien for freight if shipowner gives notice
332: Discharge of lien on production of receipt and delivery of copy of receipt or release
333: Discharge of lien on deposit with warehouse owner
334: Right of wharf owner or warehouse owner, if no notice is given, to pay deposit to shipowner
335: Course to be taken if notice to retain is given
336: Wharf owner or warehouse owner may sell goods by public auction after 90 days
337: Notices of sale to be given
339: Wharf owner’s or warehouse owner’s rent and expenses
345: Repeal of revised Acts
346: Revocation
347: Amendments to other enactments
Schedule 1: Transitional, savings, and related provisions
Schedule 2: Minor amendments to clarify Parliament’s intent or reconcile inconsistencies
Schedule 3: Comparative table
Schedule 4: United Nations Convention on Contracts for the International Sale of Goods
341: Power of sale under lien for work done
342: Notice of sale to be given
343: How notice of sale is given to owner of goods
344: How money arising from sale is to be applied
209C: Alternative obligations for FMC reporting entities
240B: Liquidation of associations
8A: Transitional, savings, and related provisions
Schedule 1AA: Transitional, savings, and related provisions
1: Short Title and commencement
2: Interpretation
3: Application of Act to conduct outside New Zealand
4: Application of Act to the Crown
5: Application of Act to Crown corporations
5A: No liability under Act if not liable under Securities Act 1978 or Securities Markets Act 1988
5B: Act does not apply to certain conduct regulated by Takeovers Code
6: Functions of Commission in relation to dissemination of information
7: Money to be appropriated by Parliament for purposes of this Act
8: Annual report
9: Misleading and deceptive conduct generally
10: Misleading conduct in relation to goods
11: Misleading conduct in relation to services
12: Misleading conduct in relation to employment
13: False or misleading representations
14: False representations and other misleading conduct in relation to land
15: Limited application of sections 9 to 14 to news media
16: Certain conduct in relation to trade marks prohibited
17: Offering gifts and prizes
18: Trading stamp schemes prohibited
19: Bait advertising
20: Referral selling
21: Demanding or accepting payment without intending to supply as ordered
22: Misleading representations about certain business activities
23: Harassment and coercion
24: Pyramid selling schemes
25: Provisions of this Part not limited by reference to other provisions of this Part
26: Importation of goods bearing false trade description
27: Consumer information standards
28: Compliance with consumer information standards
29: Product safety standards
30: Compliance with product safety standards
31: Unsafe goods
32: Compulsory product recall
34: Meaning of services
36: Compliance with services safety standards
37: Jurisdiction of High Court
38: Jurisdiction of District Court
39: Jurisdiction of Disputes Tribunal
40: Contraventions of provisions of Parts 1 to 4A an offence
40A: Additional penalty for contravention of section 24 involving commercial gain
41: Injunctions may be granted by court for contravention of Part 1, Part 2, Part 3, and Part 4
42: Order to disclose information or publish advertisement
43: Other orders
44: Defences
45: Conduct by servants or agents
46: Finding in proceedings to be evidence
47: Power to search
47A: Powers conferred by warrant
47B: Warrant to be produced
47C: Other duties of person who executes a warrant
47D: Duty to assist
47E: Power to inspect documents and goods
47F: Offence to resist, obstruct, or delay
47G: Commission may require person to supply information or documents or give evidence
47I: Service of notices
47J: Offence to contravene section 47G
48: Proceedings privileged
48A: Sharing of information and documents with Financial Markets Authority or Takeovers Panel
49: Repeals and consequential amendments
50: Saving of other laws
Schedule 1: Enactment amended
Schedule 2: Enactments repealed
Schedule 3: Orders and notices revoked
63: Terms and conditions of employment of employee who is not member of union after expiry of 30-day period
402: Validation of fee used to recover costs of Registrar of New Zealand Business Numbers
52: Trade secret as reason for refusing access to personal information
239ABMA: Enforcement of security interest over collateral for qualifying derivative
125: Restriction on use of certain names
138B: Safe harbour for directors relating to effects of COVID-19
218B: Period for which temporary modification applies
218C: Requirements relating to orders made under section 218B
218D: Repeal of temporary modification provisions
291A: Meaning of related party
Schedule 12: Safe harbour provisions relating to outbreak of COVID-19
395A: COVID-19 business debt hibernation
Schedule 13: COVID-19 business debt hibernation
395B: Regulations relating to COVID-19 business debt hibernation
239TA: Provision of information and assistance to replacement administrator
239AMA: Creditor’s vote disregarded if administrator considers creditor is related creditor
239AMB: Further powers where court orders creditor’s vote be taken into account
239AMC: Power of court where outcome of voting at creditors’ meeting determined by related creditor
239APA: Requirements for interests statement
239ABYA: Provision of information and assistance to liquidator
239ACEA: Requirements for interests statement
239ACJA: Provision of information and assistance to replacement deed administrator
239ACZA: Administrator must file updates to interests statement
239ACZB: Administrator must file summary report
239ADUA: Meaning of failure to comply
239ADWA: Deed administrator must give notice of appointment
243A: Directors’ declaration that debts will be paid within 12 months
245B: Creditor’s vote disregarded if liquidator considers creditor is related creditor
245C: Further powers where court orders creditor’s vote be taken into account
245D: Power of court where outcome of voting at meeting of creditors determined by related creditor
255A: Requirements for interests statement
256A: Duties in relation to company money
283A: Provision of information and assistance to replacement liquidator
296A: Dispositions of property after application but before appointment of liquidator
296B: Procedure for setting aside dispositions
296C: Other orders
296D: Additional provisions relating to setting aside dispositions
22B: Suspension of registration
23: Information-sharing provisions between Registrar and Commission
46AA: Matters included in undertakings
48T: Powers of Commission to prohibit disclosure of information, documents, and evidence
67A: Duty to communicate information about mobile traders
240B: Period for which temporary modification applies
240C: Order in Council may extend application period
240D: Order in Council may provide for modification to cease to apply
240E: Repeal of temporary modification provisions
403: Validation of fees used to recover costs of other Companies Office registers, etc
2A: Transitional, savings, and related provisions
7: Unconscionable conduct
8: Court may have regard to certain matters
26B: Unfair contract terms in standard form small trade contracts
26C: Definition of small trade contract
26D: Small trade contracts: trading relationship, annual value threshold, and other definitions
26E: Regulations relating to definition of small trade contract
36RA: Directions to leave premises or not enter premises
Schedule 1AA: Transitional, savings, and related provisions
44D: Not interconnected under Commerce Act 1986
272H: Offence to misrepresent product certificate
362VC: False or misleading representations in relation to building products
404: Purpose of imposing levies
405: Regulations relating to levies
406: Implementation of levies
407: Matters to which Minister must have regard
408: Minister must consult
409: Review of sections 404 to 408 and levies
Schedule 15: Registered persons that may be subject to levy
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