At least with regard to standard contract terms regulation, the cesl is to be. Any claim under the fair trading act must be filed in court within 3 years after the date on which the loss or damage, or the likelihood of loss or damage, was discovered or ought reasonably to have been discovered. This law applies equally to established bricksandmortar businesses, internet traders and temporary operations like. Headline advertising messages and the fair trading act. Request pdf the new zealand fair trading act of 1986. Authorised by the act parliamentary counselalso accessible at. Viewpoints and communications by journal of consumer affairs. Fair trading amendment act 20 new zealand legislation.
Introduction to trade marks new zealand plant producers. Consumer law reform bill 2011 new zealand parliament. Agreements completed and in force agreements signed but not yet in force agreements under negotiation. Fair trading act doortodoor and telemarketing sales. Comply with consumer laws that apply to all retailers, eg consumer guarantees act and fair trading act.
Pdf the aim of this paper is to examine the workings of the cpfta and its implications and to. Those sanctions arise principally under the crimes act 1961 and the secret commissions act 1910, but conceivably under the fair trading act 1986 as well. A trader can also be instructed to inform the public why and how the goods are unsafe, offer to repair or replace the goods, or provide refunds. This bill amends the shop trading hours act repeal act 1990 to grant territorial authorities a limited power to create bylaws that allow shop trading on easter sunday, and enable shop workers to refuse work on easter sunday. New zealand offers protection for unregistered trade marks. The 21 day period starts the day after the dismissal. Business, general advertising, marketing, public relations consumer protection laws, regulations and rules false advertising. Getting help to begin your export journey export and. The fair trading act covers the advertising and selling of goods and services by people in trade. This act is administered by the ministry of business, innovation, and employment. Pdf consumer protection fair trading act researchgate. If the product had failed the test it would be a misleading representation. Its a good summary of what the fta delivers for nz.
Act,6 the british columbia trade practices act7 and the new zealand fair trading act. Obligations under the fair trading act consumer protection. No person shall, in trade, engage in conduct that is liable to mislead the public as to the nature, manufacturing process, characteristics, suitability for a purpose, or quantity of goods. A new guide is available on the new zealandkorea free trade agreement fta. The act also gives you special rights if you buy products or services on layby or by uninvited direct sales, or you buy extended warranties that fall within the ftas definitions. The act applies to all aspects of the promotion and sale of goods and services from advertising and pricing to sales techniques and finance agreements. The fair work commission the commission decides on cases of unfair dismissal. Note 4 at the end of this reprint provides a list of the amendments incorporated. Fair trading act 1986 no 121 as at 16 december 2017. These courses are recognised new zealand wide in any industry as evidence of your increasing knowledge, experience and value in your workplace.
Fair trading act 1987 no 68 nsw part 1 preliminary historical version valid from 3. Local easter trading policy 2016 rangitikei district council. Partnership between the local authority and the private sector policy. If you are in business, it is important that you understand how the fair trading act affects your daytoday operations. The centrefor internationaleconomics is a privateeconomicresearch. Fair trading act 1987 as at 23 march 2020 act 68 of 1987. Subject to subsection 2, no person shall induce another person to acquire goods or services by representing that the person acquiring the goods or services will, after the contract for the acquisition of the goods or services is made, receive a rebate, commission, or other benefit in return for giving that person the names of prospective customers or otherwise assisting that person to supply. A look at new zealands free trade agreements, how they operate and documentation required, as well as how goods and services are valued. The association has around 230 members, who represent a cross. The rules on how you can sell, advertise and talk about products and services, plus product safety requirements. Few companies will start with the ideal international operation. In essence, you are free to copy, distribute and adapt the work, as long as you attribute the work to the parliamentary library.
Implications for the new zealand dairy industry a thesis presented in partial fulfilment of the requirements for the degree of master of applied economics at the school of economics and finance massey university. Register as a vehicle trader if you intend to be in the business of motor trading, including if you sell more than six or import more than three vehicles in any 12 months. The nz australia cer has created one of the most open trading relationships of any two countries. Licence holders guide to using the environmental choice new. Need for fair trading act changes questioned nz law society. The effect of the new act is that certain records will have to be retained for longer. Misleading and deceptive conduct you have been misled if the information you receive about goods or services gives you a false impression. Free trade agreements concluded but not in force new. New zealand are the companies act 1993, the overseas investment act 2005, the commerce act 1986, the contract and commercial law act 2017, the personal property securities act 1999, the fair trading act 1986 and the income tax act 2007. For this reason, there is a dearth of decisions to refer to when discussing potential liability. The act imposes criminal liability for forging a trade mark or falsely applying or using a trade mark or sign so nearly resembling an existing trade mark as to be likely to.
The fairfax code stipulates that staff must strive to be accurate, fair and independent and goes on to describe the behaviours it expects from staff in pursuit of these goals. Unfair contract terms in standard form consumer contracts. Common law rights are obtained in an unregistered trade mark simply by using the mark. The press on 28 may 2015 published an article about southern response withholding the office use dra. Employees have to apply to the commission within 21 days of the dismissal taking effect. The consumer protection from unfair trading regulations 2008 no. The fair trading act 1986 is also relevant to commercial activities relating to goods that infringe a registered trade mark owners rights. The consumer protection from unfair trading regulations 2008.
This work is licensed under the creative commons attribution 3. Nsw fair trading lists most complained about companies on complaints register. Environmental choice new zealand ecnz programme and the label on behalf of the. The new zealand courts can impose serious criminal sanctions upon those who participate in bribery or other corrupt activities. New zealand was the first foreign country to sign a free trade agreement with hong kong. If you are importing food for sale into nz, you must comply with nz laws, including the food act 2014, the australia new zealand food standards code anzfsc and other relevant legislation, such as nz food standards and the fair trading act. Nz has been running a campaign where they distribute free do. If an internal link led you here, you may wish to change the link to point directly to the intended article. Headline advertising messages and the fair trading act 07 november 2014 the court of appeal recently laid down specific principles on how to assess whether headline representations in an advertisement can be said to be in breach of the fair trading act 1986.
Peertopeer lender harmoney facing significant fine in fair trading act case, with news also close on a fees dispute with the commerce commission 5th aug 16, 10. Changing the fair trading act 1986 to protect new zealand consumers is not needed, as the act and other existing law already provides adequate protection. The fair trading act gives the minister of consumer affairs the power to ban unsafe products or order their recall. Limitation period under fair trading act clarified. Travel promotions and the fair trading act interest free and free credit promotions. This act extends to the engaging in conduct outside new zealand by any person resident or carrying on business in new zealand to the extent that such conduct relates to. Enforcing intellectual property office of new zealand. The supreme court judgment in commerce commission v carter holt harvey 2009 nzsc 120 provides important guidance on the applicable limitation period for civil claims brought for breach of the fair trading act 1986 the act it confirms that new zealand courts are unlikely to grant pretrial applications to strike out claims under the act on the ground that they are timebarred. This act may be cited as the fair trading act 1986. A guide to new zealands existing free trade agreement with asean and australia, and updates on the aanzfta upgrade.
The commerce commission has published a reminder to retailers to make sure published discounts are legal and comply with the fair trading act. Its purpose is to encourage competition and to protect consumerscustomers from misleading and deceptive conduct and unfair trade practices. The fair trading act provides for consumer information standards. Fair trading amendment act 2000 2000 no 64 trade marks amendment act 1999 1999 no 121. Pdf standard contract terms regulation in the proposal. It is anticipated that the new rules will create more certainty about when claims will be timebarred. The fair trading act 1986 interim remedies mostly for civil actions most marketing actions end here. Tips for businesses you need to make sure that sales staff and sales agents are following the rules. New zealands permanent representative to the world trade organisation wto ambassador david walker has been appointed to chair the wto general council. The fair trading act 1986 is a statute of new zealand. Unfair dismissal is when an employee is dismissed from their job in a harsh, unjust or unreasonable manner. Bribery and corruption in new zealand financier worldwide. This is the view of the new zealand law society on two ministry of consumer affairs papers on consumer law reform. This disambiguation page lists articles associated with the title fair trading act.
Deceptive advertising in 1986, new zealand introduced the fair trading act, legislation aimed at. This draft has since been made as a uk statutory instrument. Unfair dismissal ending employment fair work ombudsman. Fair trading act 1986 no 121 as at 30 may 2017, public. What is fair when it comes to retailers and the fair. Consistent use builds value by way of reputation and for some companies an effective trade mark can become their most valuable asset. Nsw fair trading lists most complained about companies on. Standard contract terms regulation in the proposal for a common european sales law. Bilateral agreements nz australia certa 1983 nz china fta 2008 nz singapore cep 2001 p4 transpac 2004 nz thailand cep 2005 nz malaysia fta 2010 nz hong kong cep 2011 nz taiwan ec 20.
Its purpose is to encourage competition and to protect consumerscustomers from misleading and. The commission has warned that retailers can be guilty of misleading consumers if they. Free trade agreements in force new zealand ministry of. Changes authorised by subpart 2 of part 2 of the legislation act 2012 have been made in this official reprint.
On 1 january 2011, the limitation act 2010 the new act comes into force, replacing the limitation act 1950 the old act. When using unregistered trade marks, they should be referred to. Fair trading act 1987 as at 23 march 2020 act 68 of 1987 table of provisions long title part 1 preliminary 1. Shop trading hours amendment bill new zealand parliament. Air new zealand and iag provide contrasting case studies on how to handle fair trading act complaints the detail what we said this follows our last article, air new zealand ad campaign provides another example for business on fair trading act risk. The complaints register is established under s 86aa of the fair trading act 1987 nsw.