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» Obligations in relation to trading

In the Fair Trading Act, the Consumer Guarantees Act and the Commerce Act, “to trade” means to engage in any activity relating to supplying or acquiring goods or services. This can involve activities such as:

  • marketing and selling goods to the public to raise funds
  • providing goods and services to members and employees
  • selling a business or business assets to another person for use in trade
  • providing endorsements for reward
  • making statements or performing acts to preserve or enhance commercial interests
  • tendering or submitting a proposal to provide goods and services.

Answer the following questions to find out if your organisation meets or could meet the requirements for a trust or charitable trust board. If you answer any of the questions with “No” or “Unsure”, make it a priority to find out the relevant information as soon as possible.

Yes Unsure
/No
Have you determined whether your organisation “trades” within the meaning of the Fair Trading Act and other consumer protection Acts?

Learn more: Trading and other activities
If your organisation “trades”, do you understand your obligations under -

  • the Fair Trading Act?
  • the Consumer Guarantees Act?
  • the Commerce Act?

Learn more: Trading and other activities
Do you have policies and procedures in place for the repair, replacement or refund of faulty goods or services?

Learn more: Trading and other activities
Do you need to make any disclaimers or exclusions known to consumers?

Learn more: Trading and other activities
Does your organisation have any obligations under the Credit Contracts and Consumer Finance Act 2003?

Learn more: Trading and other activities
If your organisation “trades”, are you clear about your tax status?

Learn more: Taxation


Remember to print this checklist out once you've completed it.

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