Enforcement Response Register

This register contains warnings, settlements and judgments since 1 January 2014 under the Fair Trading Act 1986, the Commerce Act 1986, and the Credit Contracts and Consumer Finance Act 2003.

It does not contain all enforcement responses before this date or enforcement responses withheld under the Official Information Act 1982.

Please note that judgments will be published as we receive them from the Court. This can sometimes be several months after the relevant hearing.

Selected judgments

Enforcement Response Guidelines

Our guidelines describe how the Commission enforces New Zealand's fair trading, competition and credit contract laws.

Parties Act/Section Description Resolution Year
Reckitt Benckiser (NZ) Ltd Fair Trading Act In the Commission's view Reckitt Benckiser (NZ) Ltd (Reckitt) has likely breached the Fair Trading Act. Reckitt has not admitted liability but has agreed to give an enforceable undertaking to the Commission in lieu of the Commission seeking interim relief from the Court. As part of the undertakings, Reckitt is making changes to its packaging. The Commission’s investigation into Reckitt continues. Enforceable undertaking 2015
L.I. Redshaw Limited Commerce Act 27 via s 30 We have warned L.I. Redshaw Limited that they likely breached section 27 via 30 of the Commerce Act 1986 by entering into an anti-competitive agreement to set fees at livestock saleyards. The fees arose in connection with the National Animal Identification and Tracing Act 2012. The agreement was that agents would charge farmers an RFID administration fee of $1.50 per head of cattle to register saleyard based cattle movements. Warning letter 2015
Allied Farmers Limited Commerce Act 27 via s 30 We have warned Allied Farmers Limited that they likely breached section 27 via 30 of the Commerce Act 1986 by entering into an anti-competitive agreement to set fees at livestock saleyards. Competitors agreed they would charge a minimum fee of $25 for the tagging of any untagged cattle ($10 for any calves). The fees arose in connection with the National Animal Identification and Tracing Act 2012. Warning letter 2015
Central Livestock Limited Commerce Act 27 via s 30 We have warned Central Livestock Limited that they likely breached section 27 via 30 of the Commerce Act 1986 by entering into three anti-competitive agreements to set fees at livestock saleyards. The fees arose in connection with the National Animal Identification and Tracing Act 2012. The agreements were: saleyards would charge a minimum fee of $25 for the tagging of any untagged cattle ($10 for any calves); agents would charge farmers an RFID administration fee of $1.50 per head of cattle to register saleyard based cattle movements; and saleyards would increase existing yard fees by $1.50 per head of cattle. Warning letter 2015
CRT Livestock Limited Commerce Act 27 via s 30 We have warned CRT Livestock Limited that they likely breached section 27 via 30 of the Commerce Act 1986 by entering into an anti-competitive agreement to set fees at livestock saleyards. Competitors agreed they would charge a minimum fee of $25 for the tagging of any untagged cattle ($10 for any calves). The fees arose in connection with the National Animal Identification and Tracing Act 2012. Warning letter 2015
Hazlett Rural Limited Commerce Act 27 via s 30 We have warned Hazlett Rural Limited that they likely breached section 27 via 30 of the Commerce Act 1986 by entering into three anti-competitive agreements to set fees at livestock saleyards. The fees arose in connection with the National Animal Identification and Tracing Act 2012. The agreements were: saleyards would charge a minimum fee of $25 for the tagging of any untagged cattle ($10 for any calves); agents would charge farmers an RFID administration fee of $1.50 per head of cattle to register saleyard based cattle movements; and saleyards would increase existing yard fees by $1.50 per head of cattle. Warning letter 2015
New Zealand Stock and Station Agents Association Commerce Act 27 via s 30 We have warned the New Zealand Stock and Station Agents Association that they likely breached section 27 via 30 of the Commerce Act 1986 by directly or indirectly being knowingly concerned in three anti-competitive agreements to set fees at livestock saleyards by livestock companies. The fees arose in connection with the National Animal Identification and Tracing Act 2012. The agreements were: saleyards would charge a minimum fee of $25 for the tagging of any untagged cattle ($10 for any calves); agents would charge farmers an RFID administration fee of $1.50 per head of cattle to register saleyard based cattle movements; and saleyards would increase existing yard fees by $1.50 per head of cattle. Warning letter 2015
Peter Walsh and Associates Limited Commerce Act 27 via s 30 We have warned Peter Walsh and Associates Limited that they likely breached section 27 via 30 of the Commerce Act 1986 by entering into two anti-competitive agreements to set fees at livestock saleyards. The fees arose in connection with the National Animal Identification and Tracing Act 2012. The agreements were: agents would charge farmers an RFID administration fee of $1.50 per head of cattle to register saleyard based cattle movements; and saleyards would increase existing yard fees by $1.50 per head of cattle. Warning letter 2015
PGG Wrightson Limited Commerce Act 27(1), 27(1) via s 30, 27(2), 27(2) via s 30 PGG Wrightson Limited were fined $2.7 million following settlement for breaching sections 27(1) and (2), and sections 27(1) and (2) via s 30 of the Commerce Act 1986 by entering into three anti-competitive agreements to set fees at livestock saleyards. They also agreed to contribute $50,000 to the Commission's costs. The fees arose in connection with the National Animal Identification and Tracing Act 2012. The agreements were: saleyards would charge a minimum fee of $25 for the tagging of any untagged cattle ($10 for any calves); agents would charge farmers an RFID administration fee of $1.50 per head of cattle to register saleyard based cattle movements; and saleyards would increase existing yard fees by $1.50 per head of cattle. Judgment 2015
Rural Livestock Limited Commerce Act 27(1), 27(1) via s 30, 27(2), 27(2) via s 30 Rural Livestock Limited were fined $425,000 following settlement for breaching sections 27(1) and (2), and sections 27(1) and (2) via s 30 of the Commerce Act 1986 by entering into three anti-competitive agreements to set fees at livestock saleyards. The fees arose in connection with the National Animal Identification and Tracing Act 2012. The agreements were: saleyards would charge a minimum fee of $25 for the tagging of any untagged cattle ($10 for any calves); agents would charge farmers an RFID administration fee of $1.50 per head of cattle to register saleyard based cattle movements; and saleyards would increase existing yard fees by $1.50 per head of cattle. Judgment 2015
Southstock Limited Commerce Act 27 via s 30 We have warned Southstock Limited that they likely breached section 27 via 30 of the Commerce Act 1986 by entering into two anti-competitive agreements to set fees at livestock saleyards. The fees arose in connection with the National Animal Identification and Tracing Act 2012. The agreements were: saleyards would charge a minimum fee of $25 for the tagging of any untagged cattle ($10 for any calves) and; that agents would charge farmers an RFID administration fee of $1.50 per head of cattle to register saleyard based cattle movements. Warning letter 2015
Sales Concepts Limited, Kchitij Tiwari, Asha Ajit Srivastava Fair Trading Act 09, 11, 13(e), 13(f), 13(g), 13(i), 21 In the Commission's view Sales Concepts has likely breached s13(i) of the Fair Trading Act. Sales Concepts has not admitted liability but has agreed to give an enforceable undertaking to the Commission in lieu of the Commission seeking interim relief from the Court. As part of the undertakings, Sales Concepts will give the option of a full refund to customers who signed up to the “Christmas Deal”. The Commission’s investigation into Sales Concepts continues. Enforceable undertakings 2015
Alrose Limited, trading as RE/MAX Go for Sold Palmerston North Commerce Act 27 via s 30 We have warned Alrose Ltd that it has likely breached section 27 via 30 of the Commerce Act 1986 by agreeing a planned regional response to Trade Me’s changed pricing with other real estate agencies in the Manawatu. This included agreeing that vendors would have to pay the agency rate listing fee to have their property advertised on Trade Me. Warning letter 2015
PGG Wrightson Real Estate Limited Commerce Act 27 via s 30 We have warned PGG Wrightson Real Estate Limited that it has likely breached section 27 via 30 of the Commerce Act 1986 by agreeing a planned regional response to Trade Me’s changed pricing with other real estate agencies in the Manawatu. This included agreeing that vendors would have to pay the agency rate listing fee to have their property advertised on Trade Me. Warning letter 2015
Monty's Real Estate Limited Commerce Act 27 via s 30 We have warned Monty's Real Estate Limited that it has likely breached section 27 via 30 of the Commerce Act 1986 by agreeing a planned regional response to Trade Me’s changed pricing with other real estate agencies in the Manawatu. This included agreeing that vendors would have to pay the agency rate listing fee to have their property advertised on Trade Me. Warning letter 2015
Team Manawatu Realty Limited Commerce Act 27 via s 30 We have warned Team Manawatu Realty Limited that it has likely breached section 27 via 30 of the Commerce Act 1986 by agreeing a planned regional response to Trade Me’s changed pricing with other real estate agencies in the Manawatu. This included agreeing that vendors would have to pay the agency rate listing fee to have their property advertised on Trade Me. Warning letter 2015
Rural and Lifestyle Sales.com Limited Commerce Act 27 via s 30 We have warned Rural and Lifestyle Sales.com Limited that it has likely breached section 27 via 30 of the Commerce Act 1986 by agreeing a planned regional response to Trade Me’s changed pricing with other real estate agencies in the Manawatu. This included agreeing that vendors would have to pay the agency rate listing fee to have their property advertised on Trade Me. Warning letter 2015
Watson Real Estate Limited Commerce Act 27 via s 30 We have warned Watson Real Estate Limited that it has likely breached section 27 via 30 of the Commerce Act 1986 by agreeing a planned regional response to Trade Me’s changed pricing with other real estate agencies in the Manawatu. This included agreeing that vendors would have to pay the agency rate listing fee to have their property advertised on Trade Me. Warning letter 2015
Real Estate House Manawatu Limited Commerce Act 27 via s 30 We have warned Real Estate House Manawatu Limited that it has likely breached section 27 via 30 of the Commerce Act 1986 by agreeing a planned regional response to Trade Me’s changed pricing with other real estate agencies in the Manawatu. This included agreeing that vendors would have to pay the agency rate listing fee to have their property advertised on Trade Me. Warning letter 2015
Coast to Coast Limited Commerce Act 27 via s 30 We have warned Coast to Coast Limited that it has likely breached section 27 via 30 of the Commerce Act 1986 by agreeing a planned regional response to Trade Me’s changed pricing with other real estate agencies in the Manawatu. This included agreeing that vendors would have to pay the agency rate listing fee to have their property advertised on Trade Me. Warning letter 2015
Changes to Consumer Credit Law