Consumer Law Reform Bill
Consumer Law Reform Bill Government Bill As reported from the Commerce Committee Commentary Recommendation The Commerce Committee has examined the Consumer Law Reform Bill, and recommends that it be passed with the amendments shown. Introduction The Consumer Law Reform Bill is an omnibus bill. It aims to mod- ernise New Zealand’s consumer law and improve its alignment with the Australian Consumer Law. It proposes amendments to • the Fair Trading Act 1986 • the Consumer Guarantees Act 1993 • the Weights and Measures Act 1987 • the Carriage of Goods Act 1979 • the Sale of Goods Act 1908 • the Secondhand Dealers and Pawnbrokers Act 2004. The bill also seeks to repeal the Auctioneers Act 1928, the Door to Door Sales Act 1967, the Layby Sales Act 1971, and the Unsolicited Goods and Services Act 1975. The matters covered by the four Acts being repealed are incorporated into the amended Fair Trading Act and a new Auctioneers Act. 287—2 2 Consumer Law Reform Bill Commentary This commentary covers the key amendments that we recommend to the bill. It does not cover a number of minor or technical amendments proposed to improve workability, drafting, clarity, and legal efficacy. Purpose clauses The bill as introduced proposes amendments to the Fair Trading Act, the Consumer Guarantees Act, and the Weights and Measures Act, to provide for new standardised purpose clauses for these Acts. We recommend amendments to these new purpose clauses inserted by clauses 5, 34, and 46, to ensure that the wording is appropriate and clear, and to highlight the importance of consumer protection. Fair Trading Act No contracting out Clause 7 would insert new section 5D into the Fair Trading Act, de- scribing the terms under which parties in trade might contract out of some of the terms of the Fair Trading Act.
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