Hon John Boscawen
Government Bill
287—1
Explanatory note
1 Title
2 Commencement
Part 1Amendments to consumer laws
Subpart 1—Fair Trading Act 1986
3 Principal Act amended
Purpose
4 Long Title repealed
5 New section 1A inserted
1A Purpose
Interpretation
6 Interpretation
No contracting out
7 New sections 5C and 5D inserted
5C No contracting out: general rule
5D No contracting out: exception for parties in trade
8 Heading to Part 1 substituted
Unsubstantiated representations
9 New heading and section 12A inserted
12A Unsubstantiated representations
Relationship with Consumer Guarantees Act 1993
10 False or misleading representations
Unsolicited goods and services
11 New sections 21A to 21D inserted
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
Consumer information standards
12 Consumer information standards
Product safety
13 New sections 30A and 30B inserted
30A Product safety policy statements
30B Review of product safety policy statements
Declaring goods unsafe
14 Unsafe goods
Product recall
15 New section 31A inserted
31A Voluntary product recall
16 Compulsory product recall
Product safety officers
17 New heading and sections 33A to 33D inserted
33A Appointment of product safety officers
33B Certificates of appointment
33C Powers of product safety officers
33D Suspension of supply notices
New Part 4A inserted
18 New Part 4A inserted
Part 4AConsumer transactions and auctions
36A Purpose of Part
Subpart 1—Layby sales
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
Subpart 2—Uninvited direct sales
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
Subpart 3—Extended warranties
36S Meaning of extended warranty agreement and related definitions
36T Disclosure requirements relating to extended warranty agreements
36U Cancellation of extended warranty agreement
Subpart 4—Auctions
36V Definitions
36W Application of subpart
36X Each lot is separate contract of sale
36Y Start and end of auction
36Z Notice to participants before each auction
36ZA Vendor bids
36ZB Bids may be withdrawn until end of auction
36ZC Account and payment of proceeds
Jurisdiction
19 Jurisdiction of High Court
20 Jurisdiction of District Courts
21 Jurisdiction of Disputes Tribunals
Offences and orders
22 Contraventions of provisions of Part 1, Part 2, Part 3, and Part 4 an offence
23 New sections 40B to 40H inserted
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
40G Effect of infringement notice
40H Regulations relating to infringement offences
24 New sections 43 to 43B substituted
43 Other orders
43A Application for order under section 43
43B Limits on jurisdiction of District Court and Disputes Tribunal to make orders under section 43
25 Defences
Enforceable undertakings and management banning orders
26 New headings and sections 46A to 46G inserted
Enforceable undertakings
46A Commission may accept undertakings
46B Enforcement of undertakings
Management banning orders
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
Offences (consequential)
27 New section 47F substituted
47F Offence to resist, obstruct, or delay
Authorised employees
28 New sections 47K and 47L inserted
47K Commission may authorise employees for monitoring and enforcement purposes
47L Powers of authorised employees
Consequential amendments, repeals, and savings
29 Saving of other laws
30 Consequential amendments in Schedule 1
31 Repeal and savings relating to Layby Sales Act 1971
Subpart 2—Consumer Guarantees Act 1993
32 Principal Act amended
33 Long Title repealed
34 New section 1A inserted
Gas and electricity, and auctioneers
35 Interpretation
Gas and electricity
36 New sections 7A and 7B inserted
7A Guarantee of acceptable quality in supply of gas and electricity
7B Relationship of section 7A with rest of Act
Collateral credit agreements
37 New section 23A inserted
23A Rejection of goods subject to collateral credit agreement
Carriage of goods
38 Saving
Auctioneers
39 Exceptions
40 New section 41A inserted
41A Goods sold at auction
41 New section 46A inserted
46A Indemnification of gas and electricity retailers
Collateral credit contracts (consequential)
42 Jurisdiction
43 Consequential amendments in Schedule 2
Subpart 3—Weights and Measures Act 1987
44 Principal Act amended
45 Long Title repealed
46 New section 1A inserted
47 Interpretation
48 New section 6 substituted
6 Reference standards
49 Inspectors' working standards
50 Accredited persons' working standards
51 New section 13 substituted
13 Obligation in respect of invoice or delivery note
52 New sections 15 and 15A substituted
15 Counting of goods sold by retail
15A Weighing and measuring of goods sold by retail
53 New section 22B inserted
22B Certificate of accuracy required for certain weighing or measuring instruments
54 Infringement fee
55 Regulations
Subpart 4—Secondhand Dealers and Pawnbrokers Act 2004
56 Principal Act amended
57 Interpretation
58 Secondhand dealers engaged in business to be licensed
Subpart 5—Carriage of Goods Act 1979
59 Principal Act amended
60 Other remedies affected
61 Contracting out
62 New section 8A inserted
8A Carrier must offer contract for carriage at limited carrier's risk or declared value risk
63 Limitation of amount of carrier's liability
Part 2Auctioneers
64 Purpose of Part
65 Interpretation
Registration requirements
66 Registration of person carrying on business as auctioneer
67 Disqualification from registration
Application for registration
68 Application for registration to carry on business as auctioneer
69 Information and material to be included in application
70 Acceptance of application
71 Refusal of application
Duration of registration
72 Registration expires after 12 months
73 Annual confirmation
74 Cancelling registrations
75 When registered auctioneer ceases to be registered
76 Obligation to notify Registrar of changes
Record-keeping obligations
77 Auctioneer record
78 Storage and inspection of auctioneer record
Registrar and register
79 Registrar of Auctioneers
80 Registrar's certificate
81 Register of auctioneers
Appeals against decisions of Registrar
82 Appeal to District Court
83 Interim order by District Court
Offences
84 Offences
Regulations
85 Regulations
Transitional provisions
86 Application of this Part to existing licence holders and others
Consequential and other amendments
87 Amendments removing exemption from requirement to be registered
88 Consequential amendments
Schedule 1Consequential amendments arising from amendments to Fair Trading Act 1986
Schedule 2Consequential amendments relating to gas and electricity arising from amendments to Consumer Guarantees Act 1993
Schedule 3Amendments relating to auctioneers
The Parliament of New Zealand enacts as follows: