Package includes:

Online CPD Module  l  Electronic booklet  l  PowerPoint Presentation

Package Fee (incl GST)

• $115 - NZLS members and Associate members
• $145 - Non-members

Note: Access to the online files is via your "My CPD" page. If you would like to purchase multiple packages, please contact us here.

Online CPD Module

The Fair Trading Amendment Act 2021 introduced significant changes to the Fair Trading Act 1986 with key changes including the application of the unfair contract term (UCT) regime to small trade business-to-business (B2B) contracts and prohibitions on unconscionable conduct. Extensions to this regime came into force on 16 August 2022.

This module will help ensure that you understand the implications of the changes on a practical level and are able to provide your clients with robust advice.

Learning objectives

By comlpeting this module you will:

• Gain practical guidance on how the UCT regime now applies to B2B contracts and how to comply.
• Get an overview of the prohibition on unconscionable conduct.

Electronic paper 

Authors: Joe Edwards, Troy Pilkington
Published: 3 October 2022
Pages: 25

Introduction

On 16 August 2022, two significant changes to the Fair Trading Act 1986 (FTA) came into force:

a. a new statutory prohibition on unconscionable conduct in trade was introduced; and
b. the unfair contract term (UCT) regime of the FTA, which previously applied only to standard form consumer (B2C) contracts, was extended to also apply to certain business-to-business (B2B) contracts.

The introduction of these two changes brings the FTA more into line with its Australian counterpart, the Australian Consumer Law.

From our perspective, these prohibitions are some of the most significant changes to New Zealand's commercial law framework in recent memory. Going forward, they are likely to have far-reaching impacts on the way that businesses negotiate, engage and contract with one another and with consumers.

This paper discusses these two key changes, highlighting key themes and principles that stem from the enforcement of similar provisions in Australia under the Australian Consumer Law, as well as practical steps for businesses to follow to ensure that they comply with the FTA.

PowerPoint Presentation

These are the slides included in the presentation.