/Tag:Fair Trading Act

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: |

White v James Hardie New Zealand [2017] NZHC 2112

The James Hardie Group is facing 370 plaintiffs who are alleging that their products and cladding systems were defective, not weathertight and failed to comply with the prevailing building standards. The causes of action brought against the Group are based on tort, the Consumer Guarantees Act 1993, and the Fair Trading Act 1986. James Hardie [...]

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