/Tag:Fair Trading Act
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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: , |

Fonterra Co-Operative Group Ltd v McIntyre and Williams Partnership [2016] NZCA 538

On appeal from the High Court, a key issue in this case related to a claim by McIntyre and Williams that Fonterra had made false statements about McIntyre and Williams’ rights in relation to share purchases. There was an issue of whether Fonterra had therefore breached section 9 of the Fair Trading Act 1986 (FTA) [...]

February 22nd, 2017|Categories: Legal Developments|Tags: |