/Tag:Fair Trading Act

Misleading Representations

The New Zealand Commerce Commission (Commission) has successfully brought proceedings against Contact Energy Limited (Contact Energy) in the Wellington District Court for breaching the Fair Trading Act 1986 (the Act). Contact Energy plead guilty to seven charges under the Act, relating to false or misleading representations which it made as part of its Fuel Rewards [...]

March 31st, 2020|Categories: Legal Developments|Tags: |

Record fine under Fair Trading Act

In October 2018, Steel & Tube Holdings Limited (Steel & Tube) was fined $1.885 million for breaching the Fair Trading Act 1986 (Act), the largest ever fine imposed under the Act, for making false and misleading representations about its steel mesh products. Steel & Tube had previously generated jurisprudence on pooling orders under the Companies [...]

November 1st, 2018|Categories: Legal Developments|Tags: , |

Recent developments: unsubstantiated claims

In 2014, a “substantiation provision” was passed into NZ law. Section 12A of the Fair Trading Act 1986 prohibits persons in trade from making unsubstantiated representations, with “unsubstantiated” being defined as applying whenever the person making the representation does not have reasonable grounds for their claim. Section 12A is balanced by statutory defences in section [...]

December 4th, 2017|Categories: Legal Developments|Tags: |