This page contains different parts of laws about Consumer protection.
18: Spouse (and spouse in relation to deceased claimant)
38: Date on which person is to be regarded as suffering treatment injury
68: Corporation provides entitlements in accordance with this Act
74: Limits on treatment providers in decisions on acute treatment
114: Payment of interest when Corporation makes late payment of weekly compensation
116: Indexation of lump sum compensation, funeral grant, survivor's grant, and child care payments
120: Disentitlement for conviction for murder
126: Corporation to pay amount to claimant's estate
127: Payment of weekly compensation and lump sum compensation to claimant outside New Zealand
1: Short Title and commencement
2: Interpretation
3: Act to bind the Crown
4: Metric standards of weights and measures
6: Reference standards
7: Inspectors' working standards
8: 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
12: Obligation to sell goods by net weight or measure
13: Obligation in respect of invoice or delivery note
15: Counting of goods sold by retail
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
19: Weights and measures to have contents marked
21: Weights and measures to be stamped with mark of verification
22: Sections 20 and 21 not to apply to automatic weighing or dispensing machines
23: Notification of non-compliance
24: Offence to use or possess false or unjust weight or measure
26: Inspectors of Weights and Measures
28: Powers of Inspectors
31: Liability of principal for acts of agents, etc
32: Offences
32A: Infringement offences
32B: Procedural requirements relating to infringement notices
32C: Payment of infringement fees
33: Penalties
35: Court may order offender to make good any deficiency
37: Presumption as to possession of weights, measures, etc, for use for trade
38: Act not to apply to water, electricity, or gas
39: Restoration of articles seized
40: Disposal of articles seized
40A: Compensation for loss of perishable goods
41: Regulations
41A: Regulations for purposes of section 16A(3)
42: Fees
Schedule 2: Standards of weights and measures
295: Obligation to provide entitlements where subsequent injury occurs
326: Regulations relating to lump sum compensation
327: Regulations relating to indexation
332: Regulations relating to information
333: General power to make regulations
371: Interest on late payments of weekly compensation
380: Lump sum compensation under former Acts
388: Indexation of certain entitlements payable under former Acts
3: Overview
4: Interpretation
5: Meaning of financial service
9: Purpose of this Part
11: Person in business of providing financial service must be registered and member of approved dispute resolution scheme
12: No holding out that in business of providing financial service unless registered and member of approved dispute resolution scheme
13: Qualifications for registration as financial service provider
16: Registration of financial service provider
17: Duty to notify changes relating to financial service provider
18: Deregistration of financial service provider
20: Objection to proposed deregistration of financial service provider
26: Purposes of register
27: Contents of register
37: Registrar’s inspection powers
47: Purpose of this Part
50: Meaning of approved dispute resolution scheme
51: Application for approval
52: Mandatory considerations for approval
55: Reapplication by unsuccessful applicant
56: Withdrawal of approval
57: Notice of intention to withdraw approval
61: Effect of withdrawal of approval on members of dispute resolution scheme
62: List of members
63: Rules about approved dispute resolution scheme
64: Obligation to publish rules
66: Minister's consideration of change of rules
70: Annual report and information requested by Minister to be publicly available
72: Appointment of reserve scheme
73: Revocation of appointment as reserve scheme
74: Notice of intention to recommend revocation of appointment as reserve scheme under section 73(2)(a) or (b)
75: Objection to intended recommendation for revocation
79: Regulations under this Part
CC 13: Amounts paid in income years after hire purchase agreement ends
6: Meaning of in the business of providing a financial service
48: Financial service provider must be member of dispute resolution scheme
67: Duty to co-operate and communicate information in certain circumstances
69: Person responsible for approved dispute resolution scheme must supply further information on Minister’s request
112C: Timing of transfer of shares
49: Who are retail clients
186: Offences relating to false representation of trade mark
150: Fees may be prescribed by bylaw
209: Refund of money and return of land if development does not proceed
91H: Value of special drawing right
91ZD: Contracting out
96: Sale of alcohol at international airports
331: Reimbursement or compensation for emergency works
Schedule 2: When person is involved in industry participant for purposes of section 6A
201: Dispositions may be set aside
5: Interpretation
6: Extended meaning of breach
10: Exemption from obligation to register
11: Exemption from obligation to comply with Code
95: Complaints about Transpower, distributors, and retailers
96: Membership of dispute resolution scheme
97: Compliance with rules and binding settlements
104: Offences, enforcement, and application of sections 99 to 103
113: Regulations about tariffs and other consumer issues
145: Amendments to Commerce Act 1986
147: Matters covered by input methodologies
19: Licence to hunt or kill game
64: Definition of domestic premises
56: Payment of levy sufficient unless estimated value of building work changes
49A: Who are eligible investors
49B: Acceptance of certification
49C: Revocation of certification
49D: How to opt out of being wholesale client
49E: Giving revocation of certification or notification of opt out
49G: Offence to fail to comply with District Court order
72A: Reserve scheme: rules about fees and charges
79A: Pecuniary order for contravening wholesale certification requirement
79B: Compensation for contravention of wholesale certification requirement
36: Scheme to be advertised
49: Contributor may get back money before date fixed for first meeting of contributors
50: Attorney-General or court may dispense with meeting of contributors
1: Short Title and commencement
2: Interpretation
3: Act to bind the Crown
4: Act not a code
5: Guarantees as to title
6: Guarantee as to acceptable quality
7: Meaning of acceptable quality
8: Guarantees as to fitness for particular purpose
9: Guarantee that goods comply with description
10: Guarantee that goods comply with sample
11: Guarantee as to price
12: Guarantee as to repairs and spare parts
13: Express guarantees
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
47: Jurisdiction
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
55: Shareholder discounts
101: Shareholders not required to acquire shares by alteration to constitution
125: Shareholders entitled to receive distributions, attend meetings, and exercise rights
175: Certain conduct deemed prejudicial
189: Company records
209: Obligation to make annual report available to shareholders
211: Contents of annual report
221: Approval of amalgamation proposal
275: Refusal to supply essential services prohibited
3: Purpose of this Act
4: Interpretation
5: Act binds the Crown
6: Financial Markets Authority established
9: FMA's functions
10: Membership of board of FMA
11: Associate members
12: Associate member treated as member of board
14: FMA may act by divisions
15: Membership, chairperson, meetings, and resolutions of division
16: Powers of division
17: Quorum for meetings of FMA
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
27: How evidence may be given
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
56: Witnesses and counsel to have privileges of witnesses and counsel in court
57: Effect of proceedings
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
76: Registers
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
Schedule 1: Financial markets legislation
Schedule 2: Provisions relating to search power
Schedule 3: Amendments to other enactments
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
391: Service of documents on shareholders and creditors
62C: Application of proceeds of sale and recovery of amount owing
62D: Tenant may claim proceeds of sale
66D: Bond of 1 week’s rent or less
66E: Outgoings
22D: Chief executive may take steps to refund bonds
241: Punishment of obtaining by deception or causing loss by deception
242: False statement by promoter, etc
249: Accessing computer system for dishonest purpose
266: Offences involving coinage
3: Purpose
8: Certain sales by makers, importers, distributors, and wholesalers exempted
9: Exemption for certain alcohol not intended for drinking
12: Homestays exempted
14: On-licences generally
15: On-licences: BYO restaurants
17: Off-licences: sale and supply on licensed premises
18: Off-licences: sale for delivery and sales at distance
19: Off-licences: direct delivery of alcohol, by arrangement with holder, by distributor, importer, manufacturer, or wholesaler
20: Off-licences: auctioneers
21: Club licences
24: No obligation to serve
27: Licences not to be issued to persons not empowered to hold them
37: On-licences for BYO restaurants
38: On-licences for caterers
42: Restrictions on issue of special licences for consumption off-premises
43: Default national maximum trading hours
45: Permitted trading hours for premises with relevant local alcohol policy
47: Sale and supply on Anzac Day morning, Good Friday, Easter Sunday, and Christmas Day restricted: on-licences
48: Sale on Anzac Day morning, Good Friday, Easter Sunday, and Christmas Day restricted: off-licences
49: Remote sales exempted from trading hours restrictions
51: Non-alcoholic drinks to be available
52: Low-alcohol drinks to be available
53: Food to be available
54: Help with and information about transport to be available
55: Requirements relating to special licences for consumption off-premises
56: Display of signs: on-licences, off-licences
57: Display of licence: all licences
59: Requirements relating to remote sales by holders of off-licences
60: Sale and supply in clubs to members and guests only
62: No bring-your-own alcohol in clubs
63: Requirements and restrictions imposed as conditions
65: Secretary of authority to set up and maintain registers
68: Licensees and managers to have address for service
69: Notification of licensing authority by company of changes in company shareholding or name
70: Notification of licensing authority by beneficial owner of shares of changes in shareholding
73: Surrender of licence or manager's certificate
102: Objections to applications
108: Licence may be refused if contrary to local alcohol policy
109: Conditions may be imposed if required by local alcohol policy
111: Imposition of one-way door restrictions by condition
116: Particular discretionary conditions, and other compulsory conditions: off-licences
117: Other discretionary conditions
129: Police, Medical Officer of Health, and inspector must inquire into application
139: Notification requirements
143: Additional requirements for large-scale events
145: Special licence may be refused if contrary to local alcohol policy
148: Different conditions may apply in certain cases
150: Display of special licences
169: Alcohol Regulatory and Licensing Authority
214: Manager to be on duty at all times and responsible for compliance
224: Application for renewal of manager's certificates
231: Notice of appointment, etc, of manager, temporary manager, or acting manager
233: Sales by unlicensed persons
234: Allowing unlicensed premises to be used for sale of alcohol
235: Use of unlicensed premises as place of resort for consumption of alcohol
237: Irresponsible promotion of alcohol
238: Offences relating to banned and restricted alcohol products
239: Sale or supply of alcohol to people under purchase age on or from licensed premises
240: Exemptions in respect of licensed premises
241: Supplying alcohol to minors
242: Employment of minors
243: Buying of alcohol by people under purchase age
246: Who is guardian
250: Manager intoxicated on duty
251: Employee intoxicated on duty
252: Allowing intoxication on licensed premises
253: Allowing disorderly conduct on licensed premises
254: Sales of spirit in vessel exceeding 500 ml
255: Being on licensed premises outside licensing hours
257: Offences relating to evidence of age documents
258: Licensee's offences in respect of manager
260: Infringement offences
263: Payment of infringement fees
265: Closure of premises by order
266: Closure of licensed premises by Police
267: Powers of entry on licensed premises
268: Power to seize samples of alcohol
274: Evidence of sale or consumption of alcohol
286: Suspension of licence for non-compliance with public health or fire precaution requirements
288: Holdings giving rise to cancellation of licence and manager's certificate
350: Monopoly provisions continue to apply
382: Accounting records
400: Regulations banning or restricting certain alcohol products
401: Point-of-sale information regulations
409: Existing licences continue in force
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
39: Refund and reduction of fees
41: Penalty for false statement relating to application for registration
403: Consultation on proposed fees regulations
33: Determining whether premises are grocery store
36: No off-licences for petrol stations, certain garages, dairies, convenience stores, conveyances, or shops within shops
16: On-licences: caterers
58: Restriction on kinds of alcohol sold in supermarkets and grocery shops, and premises directly accessible from supermarket or grocery shop
78: Territorial authorities must produce draft policy
212: Appointment of managers: on-licences, off-licences, and club licences
259: Failure to comply with certain requirements and restrictions imposed by or under this Act
287: Automatic suspension of licence for non-payment of annual fee
16: Persons subject to restriction on being licensed
281D: Validity of previous fees, charges, and additional costs
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
48M: Sharing of non-compulsorily acquired information not affected
74: Temporary licence during repairs, etc
112: Compulsory conditions relating to display and promotion of alcohol in single area in supermarkets and grocery stores
114: Effect of single-area conditions
153: Effect of appeal against other decisions
232: Licensees to keep record of managers, acting managers, and temporary managers
398: Regulations regulating sale of alcohol containing less than 15% ethanol (other than beer, mead, and wine)
399: Consultation on regulations regulating sale of alcohol containing less than 15% ethanol (other than beer, mead, and wine)
259H: Access to standards incorporated by reference
3: Purpose of Act
4: Interpretation
7: Restriction on who registered auctioneers may engage as auctioneer
9: Information and material to be included in application
10: Acceptance of application
11: Refusal of application
12: Registration expires after 12 months
13: Annual confirmation
14: Cancelling registrations
15: When registered auctioneer ceases to be registered
16: Obligation to notify Registrar of changes
17: Auctioneer record
18: Storage and inspection of auctioneer record
19: Registrar of Auctioneers
20: Registrar's certificate
21: Register of auctioneers
22: Appeals
23: Interim order by District Court
24: Offences
26: Application of Act to existing licence holders and others
27: Amendments removing exemption from requirement to be registered
28: Consequential repeal and amendments
Schedule : Amendments relating to auctioneers
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
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
15A: Weighing and measuring of goods sold by retail
22B: Certificate of accuracy required for certain weighing or measuring instruments
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
207A: Audit must be carried out in accordance with auditing and assurance standards
225: Objections to demand notice
95A: Indemnity disputes
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
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
36D: Further disclosure if requested by consumer
36E: Risk in goods
36F: Cancellation of layby sale agreement by consumer
36G: Cancellation of layby sale agreement by supplier
36H: Effect of cancellation of layby sale agreement
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
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
40D: Issue of infringement notice
40E: Procedural requirements for infringement notices
40F: What Commission does with infringement fees
40G: Effect of infringement notice
5A: Guarantee as to delivery
7A: Guarantee of acceptable quality in supply of gas and electricity
7B: Relationship of section 7A with rest of Act
46A: Indemnification of gas and electricity retailers
236A: Arrangement or amalgamation involving code company
2A: Purposes of this Act
15A: Purpose of FMA's powers relating to registration
18A: Purpose of FMA's powers relating to deregistration
18B: Consideration of deregistration of financial service provider by FMA
199D: Scope of development contribution objections
197AB: Development contributions principles
362C: Consumer rights under Fair Trading Act 1986 or Consumer Guarantees Act 1993 not affected by this Part
362V: Offence for commercial on-seller to transfer household unit without code compliance certificate
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
5: Guide to this Act
6: Definitions are in dictionary in Schedule 2
13: Status of guides or outlines
14: Status of examples
366: Preferred suppliers: contracts
368: Preferred suppliers: paying them disability allowance, special assistance, or advance payment
370: Preferred suppliers: paying them disability allowance: exception if allowance granted at maximum rate
372: Preferred suppliers: transitional or savings provisions directions
437: Regulations: issue and use of entitlement cards
142Y: When person involved in breach liable for default in payment of wages or other money due to employee
5: Overview of this Act
6: Transitional, savings, and related provisions
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
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
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
81: Persons who may apply
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
92: Contracts of service and life insurance contracts have effect as if minor were of full age
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
99: Persons who may apply
102: Guarantees and indemnities
110: Sections 103 to 109 do not limit or affect certain other provisions
113: Jurisdiction of District Court
114: Jurisdiction of Disputes Tribunal
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
208: Overview
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
215: Place of dispatch
216: Place of receipt
217: Time of communication of acceptance of offer
218: When subpart applies
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
223: Legal requirement to record information 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
229: Legal requirement to retain document or information that is in paper or other non-electronic form
230: Legal requirement to retain information that is in electronic form
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
235: Legal requirement to provide access to information that is in electronic form
236: Originals
237: Legal requirement relating to content of information
238: Copyright
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
262: Liability where 1 actual carrier is involved
264: When actual carriers are jointly responsible or separately responsible for goods
266: Rights of contracting party where contracting carrier insolvent or cannot be found
267: Liquidator or assignee in bankruptcy holds money on trust
268: Special rules relating to liability of carrier in respect of baggage
269: Other rules relating to hand baggage
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
285: Carrier’s lien
286: Notice of carrier’s claim
287: Carrier may store goods
288: Sale of goods by public auction
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
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
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
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
323: Regulations relating to network or other information technology
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
338: How money arising from sale is to be applied
339: Wharf owner’s or warehouse owner’s rent and expenses
340: Wharf owner’s or warehouse owner’s protection
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
Schedule 5: Enactments and provisions excluded from subpart 3 of Part 4
Schedule 6: Consequential amendments
118: Stipulations not of essence of contracts
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
149ZG: Process may be suspended if costs outstanding
18: Bonds to be no more than 4 weeks' rent
19: Duties of landlord on receipt of bond
23: Rent in advance
24: Rent increases
29: Receipts for rent
31: Apportionment of rent
32: Accelerated rent or damages prohibited
39: Responsibility for outgoings
139: Regulations relating to accommodation brokers
Schedule 1: Clauses for rent increases in fixed-term tenancy agreements
1: Short Title and commencement
2: Interpretation
3: Application of Act to conduct outside New Zealand
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
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
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
91: Defence for providing data in compliance or purported compliance with this Act
45: Decision to grant access to personal information
113: Assessment of likelihood of serious harm being caused by privacy breach
66: Charges
135B: Release of goods
23: Liability of firm for partner’s wrongful acts or omissions
103: Damages
Schedule 1AA: Transitional, savings, and related provisions
98D: Immobilising devices applied to parked motor vehicles
218B: Period for which temporary modification applies
218C: Requirements relating to orders made under section 218B
218D: Repeal of temporary modification provisions
22F: Landlord must state amount of rent when advertising residential premises
44A: Recovery of expenses incurred by landlord
45B: Landlord must permit and facilitate installation of fibre connection in certain circumstances
Schedule 1B: Fines and fees for infringement offences
12A: Registration for certain overlapping services not required
22B: Suspension of registration
22D: Financial adviser may be deregistered if not engaged by provider for extended period
44A: Who financial adviser is treated as engaged by when engaged indirectly
48A: When financial adviser is exempt from being member
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
2: Commencement
3: Purpose
5: Interpretation
13: Act binds the Crown
42: Authorisation must not be required as condition of providing product
37: Giving authorisation
45: Verification of identity of person who makes request
46: Data holder must keep records about regulated data service
131: General regulations
47: Data holders and accredited requestors must have customer data, product data, and action performance policies
4: Overview
6: Data holder
8: Customer, customer data, and designated customer data
9: Product, product data, and designated product data
138: Standards
15: Data holder must provide customer data to accredited requestor if customer’s authorisation is confirmed
27: Data holder must operate electronic system for providing regulated data services
19: Data holder must perform certain actions on accredited requestor’s request if customer’s authorisation is confirmed
22: Data holder must provide product data to any person
39: Authorisation must be confirmed
48: Data holders and accredited requestors must have customer complaints process
112: Decision by chief executive
43: Only customer, secondary user, or accredited requestor may request regulated data service
142: Effect of breach of term or condition of exemption
107: Contents of designation regulations
10: Regulated data service
118: When chief executive may suspend or cancel accreditation
32: Requirements for data holders in regulations or standards
11: Territorial application of Act
40: Customer or secondary user must be able to control authorisation
109: How application is made
116: Duration of accreditation
113: Annual reporting by accredited requestors
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
362VB: Failure to comply with building product information requirements an offence
38: Ending authorisation
31: Data holders must comply with requirements for requests, providing services, and making information available
21: How data holders and accredited requestors must deal with joint customers
7: Accredited requestor
121: Register of participants in customer and product data system
122: Purposes of register
126: Contents of register that is publicly available
57: Offence for failing to comply with notice to supply information or produce documents
133: Regulations relating to fees and charges
143: No contracting out
24: How data holders and accredited requestors must deal with secondary users
58: Data holder or accredited requestor must take prescribed steps to avoid, mitigate, or remedy loss or damage caused by contravention
60: Other remedies or powers not limited
47: Accredited requestor must keep records about regulated data service
51: Access request not IPP 6 request but contravention is interference with privacy
52: Certain contraventions relating to storage and security treated as breaching information privacy principle 5
18: Data holder must perform certain actions on customer’s request
69: Civil liability remedies available under this subpart
71: Maximum penalty (Tier 1)
61: Prohibition against holding out
65: What infringement notice must contain
67: Payment of infringement fees
70: When High Court may make pecuniary penalty order
72: Maximum penalty (Tier 2)
73: Considerations for court in determining pecuniary penalty
75: Declaration of contravention
76: Purpose and effect of declaration of contravention
77: What declaration of contravention must state
78: When court or Disputes Tribunal may make compensatory orders
79: Terms of compensatory orders
80: Court may grant injunctions
82: When court may grant performance injunctions
85: Limit on proceedings
87: Only 1 pecuniary penalty order may be made for same conduct
88: No pecuniary penalty and criminal penalty for same conduct
153: Section 2 amended (Interpretation)
93: Jurisdiction of District Court
135: Levies payable by data holders and accredited requestors
136: Miscellaneous provisions relating to levies
25: Regulations may require requests to be made or authorisations to be given only by secondary users
63: Prohibition against taking certain actions against customer
16: Data holder may or must refuse request for data in certain circumstances
20: Data holder may or must refuse to perform actions in certain circumstances
35: Contravention of specified disclosure requirement is infringement offence
23: Data holder may refuse request for data in certain circumstances
48: Contravention of policy requirement is infringement offence
50: Rules of scheme may be changed to provide for complaints about regulated data services
62: When subpart applies
41: Accredited requestor must comply with prescribed duties in respect of authorisation
44: Offence for contravention of request restriction
235DC: Reminder notices
95: Chief executive’s functions
34: Requirements for accredited requestors in regulations or standards
33: Accredited requestors must comply with requirements for making information available
129: Conditions that may be imposed on providing information under this subpart
149: Principal Act
139: Chief executive must comply with requirements before making standard
124: Persons that will become data holders when designation comes into force must provide information to chief executive
148: Schedule 1 amended
94: Jurisdiction of Disputes Tribunal
89: General defences for person in contravention
90: Defence for contraventions due to technical fault
62A: Snack food to be available when samples sold from winery cellar doors
132: Minister must have regard to certain matters when recommending regulations under section 131
74: Limit on pecuniary penalty for multiple contraventions of same or substantially similar nature
This project is an experiment to take difficult language, and make it easier to read and understand for everyone.
What’s our process for taking the law and turning it into plain language?
Laws are often hard to read. They use a lot of words and language we don’t usually use when we talk.
What are the good and bad sides of using AI?
We hope that this information will help people understand New Zealand laws. But we think that it’s important you talk to someone who understands the law well if you have questions or are worried about something.
You can talk to Community Law or Citizen’s Advice Bureau about your rights.
Remember that AI can make mistakes, and just reading the law isn’t enough to understand how it could be used in court.
