Week Two Fair Trading Act 1986

Question 0

What was the purpose of the FTA 1986

Answer 0

To contribute to the trading environment so that

• the interests of the consumer where protected
• business compete effectively
• business and consumers participate effectively

Question 1

When did FTA come into force?

Answer 1

1 March 1987

Question 2

In order to achieve its purpose what does the FTA 1986 do? 4 ps

Answer 2

• Prohibits certain unfair conduct and practice
• Promotes fair conduct and practices
• Promotes disclosure of consumer info in relation to supply of goods and services
• promotes safety of goods and services

Question 3

Meaning of consumer?

Answer 3

Same as in CGA

Question 4

What is included in a supply?

Answer 4

s 2 interpretation
In relation to goods, or resupply; gift, sale ,exchange, lead ,hire,hire purchase
In relation to service; provide, grant, confer

Question 5

How does the FTA cover legal services?

Answer 5

Within meaning of services under s2 of interpretation
Rights ,benefit, privileges, facilities that are to be provided, granted of conferred and includes performance for work, including work of a professional nature and others….

Question 6

What sections apply?

Answer 6

Section 9 Misleading and deceptive conduct generally.
S10 misleading and deceptive conduct re goods
S 11 misleading and deceptive conduct re services
S12 misleading and deceptive conduct re employment

Question 7

What are the sections re unsubstantiated representations?

Answer 7

S12

Must not make representations with out reaosnable grounds

Question 8

What is the section re False Representaiotns?

Answer 8

S13
In regard to kind, standard, quality, grade, quantity, supplied by a particular person, qualification,skill, sponsorship, endorsement, characteristics, price, origin

Question 9

What is bait advertising and how does it apply?

Answer 9

S 19
Advertisement for the supply of specific services or goods not intended for supply or
Not reasonable grounds that it could be supplied.

Covers period, quantity,

Question 10

What is section21

Answer 10

S 21 demanding or accepting payment without intending to supply

Question 11

What is s 23

Answer 11

S23 Harassment and coercion

Not allowed in connection with Supply

Question 12

Where are the enforcement and remedies?

Answer 12

Part 5
S 37 high court equal or plus 200k
S 38 district court less than 200k
S39 disputes tribunal

Question 13

What is bait advertising

Answer 13

Offering a low price for something and it is not actually available or isn’t really the true price for the product because you must get add ons etc
While stocks last could lead you to be open to charges
Reaosnable quantity
Reasonable time frame
Any limits should be stated
Rain checks

Question 14

Why is offering gifts and prizes not allowed.

Answer 14

S17 not allowed with promotion of goods and services or sale of land
With the intonation of not providing them

Question 15

What is pyramid selling

Answer 15

Illegal in nz s24
Unfair and recruits often mislead as to the fiancial returns
Rewards often dependent on new people paying into the scheme. Many at the base will not get the return on investment promised. Only initial participants will likely raise money

Question 16

Why is harassment or coercion not allowed

Answer 16

Must be free to transact business

S23

Question 17

What is an undertaking

Answer 17

A formal pledge/promise to do something
A task or enterprise
Written or oral
A lawyer must go our all undertakings whether written or oral, whether personal or any other member of persons practice
Applies unless clear the undertaking is given on behalf of the client and that the lawyer is not personally responsible.

Question 18

How would you work an undertaking for protection

Answer 18

Not take personal liability
For and behalf of the client
9/10 for it except partners
For which I am personally not liable…

Question 19

LACA section 64

Answer 19

Membership
Constitution plus act
Membership voluntary

Question 20

Regulatory Function of law society 5

Answer 20

S65
Control and regulate the practice by barristers and barristers and solicitors
Uphold the the fundamental obligations imposed on lawyers who provide regulated services in nz
Monitor and enforce provisions of the act plus any rules and regs made under it regarding the reg of lawyers
Monitor and enforce orders made under s390(conveyancing)
Assist and promote for the purpose of upholding the rule of law; facilitating the admin of justice; the reform of the law

Question 21

What is the representative function of law society

Answer 21

S 66

Represent members and serve their interests

Question 22

What are the regulatory powers?

Answer 22

S67
Issue practice ceres
Maintain register
Make binding practice rules
Oppose admission
Institute prosecutions against lawyers who break statute, rules or regs
Appoint and pay anyone to perform work for the society
To pay all costs expenses incurred by members in meetings at the council of the society.
Publish education information
May provide and charge for services

Question 23

What are the representative powers

Answer 23

A 68
All powers rights authorities to the performanace of its representative function.
To provide a range of services for lawyers including seminars, educational And training services and facilities
To publish periodicals, pamphlets and other materials
To establish, join I establishing any body for the purpose of representing the Societies rep function

Question 24

Can law society borrow?

Answer 24

Yes
S69
For regulatory or represent army function

Question 25

Section70

Answer 25

Law society must have a constitution that provides for the council of the law society, ways to become a member, cessation of membership, AGM’s, presidents etc, amending the constitution, rules, structure
Can have almost anything I constitution except anything contravening the act.