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
Premium Spices Torbay Limited Fair Trading Act 13(j) Premium Spices Torbay Limited has been warned for likely breaching section 13(j) of the Fair Trading Act by making misleading representations about the place of origin of its organic walnut halves and its dried organic blackcurrants. Warning letter 2018
Apple Sales New Zealand Limited Fair Trading Act 13(d), 13(i) Apple Sales New Zealand has been warned for likely breaching sections 13(d) and 13(i) of the Fair Trading Act, relating to misleading representations about consumer rights, and that replacement goods were new. Warning letter 2018
Millen Homeware Ltd, Millen Wellington Ltd and The Kitchen and Bathroom Warehouse Ltd t/a Millen Fair Trading Act 28(1) The Commission issued four infringement notices as it had reasonable grounds to believe that Millen Wellington Ltd and The Kitchen and Bathroom Warehouse Ltd (all trading under the name of Millen), breached section 28(1) of the Fair Trading Act, by failing to comply with the consumer information standard requirements for water efficiency labelling set out in the Consumer Information Standards (Water Efficiency) Regulations 2010. Infringement – paid 2018
Argyle Performance Workwear Limited Fair Trading Act 13(a), 40(1) Argyle Performance Workwear Limited has been fined $52,500 after pleading guilty to one charge under the Fair Trading Act for supplying safety jackets that did not have the arc rating (measure of protection against electrical burns) that they were represented to have. Judgment 2018
Savine Holdings Limited t/a Bay Pharmacy, Motueka Commerce Act 27 via s 30 Savine Holdings Limited t/a Bay Pharmacy, Motueka has been warned for likely breaching the price fixing prohibitions in the Commerce Act by agreeing with competing pharmacy owners to introduce a $1 margin charge in addition to any co-payment on fully funded prescription items during May 2016. Warning letter 2018
Tasman Pharmacies Limited t/a Greenwood Street Pharmacy, Motueka and Unichem 162 High Street Pharmacy, Motueka Commerce Act 27 via s 30 Tasman Pharmacies Limited t/a Greenwood Street Pharmacy, Motueka and Unichem 162 High Street Pharmacy, Motueka has been warned for likely breaching the price fixing prohibitions in the Commerce Act by agreeing with competing pharmacy owners to introduce a $1 margin charge in addition to any co-payment on fully funded prescription items during May 2016. Warning letter 2018
Queen Street Pharmacy Limited t/a Queen Street Pharmacy, Richmond Commerce Act 27 via s 30 Queen Street Pharmacy Limited t/a Queen Street Pharmacy, Richmond has been warned for likely breaching the price fixing prohibitions in the Commerce Act by agreeing with competing pharmacy owners to introduce a $1 margin charge in addition to any co-payment on fully funded prescription items during May 2016. Warning letter 2018
Wakefield Pharmacy 2012 Limited t/a Wakefield Pharmacy Commerce Act 27 via s 30 Wakefield Pharmacy 2012 Limited t/a Wakefield Pharmacy has been warned for likely breaching the price fixing prohibitions in the Commerce Act by agreeing with competing pharmacy owners to introduce a $1 margin charge in addition to any co-payment on fully funded prescription items during May 2016. Warning letter 2018
Richmond Mall Pharmacy 2001 Limited t/a Unichem Richmond Mall Pharmacy Commerce Act 27 via s 30 Richmond Mall Pharmacy 2001 Limited t/a Unichem Richmond Mall Pharmacy has been warned for likely breaching the price fixing prohibitions in the Commerce Act by agreeing with competing pharmacy owners to introduce a $1 margin charge in addition to any co-payment on fully funded prescription items during May 2016. Warning letter 2018
Nelson City Pharmacy Limited t/a Life Pharmacy, Nelson City Commerce Act 27 via s 30 Nelson City Pharmacy Limited t/a Life Pharmacy, Nelson City has been warned for likely breaching the price fixing prohibitions in the Commerce Act by agreeing with competing pharmacy owners to introduce a $1 margin charge in addition to any co-payment on fully funded prescription items during May 2016. Warning letter 2018
McGlashen Pharmacy Limited t/a McGlashen Pharmacy, Richmond Commerce Act 27 via s 30 McGlashen Pharmacy Limited t/a McGlashen Pharmacy, Richmond has been warned for likely breaching the price fixing prohibitions in the Commerce Act by agreeing with competing pharmacy owners to introduce a $1 margin charge in addition to any co-payment on fully funded prescription items during May 2016. Warning letter 2018
Fry’s Pharmacy Limited t/a Fry’s Pharmacy, Richmond Commerce Act 27 via s 30 Fry’s Pharmacy Limited t/a Fry’s Pharmacy, Richmond has been warned for likely breaching the price fixing prohibitions in the Commerce Act by agreeing with competing pharmacy owners to introduce a $1 margin charge in addition to any co-payment on fully funded prescription items during May 2016. Warning letter 2018
Mapua Pharmacy Limited t/a Mapua Pharmacy Commerce Act 27 via s 30 Mapua Pharmacy Limited t/a Mapua Pharmacy has been warned for likely breaching the price fixing prohibitions in the Commerce Act by agreeing with competing pharmacy owners to introduce a $1 margin charge in addition to any co-payment on fully funded prescription items during May 2016. Warning letter 2018
Mobile Shop Limited Fair Trading Act 13(i)

CCCF Act 17, 32(1)(c)
Mobile Shop Limited was fined $330,000 and ordered to pay $10,800 in statutory damages after pleading guilty to 24 charges for breaching section 17 of the Credit Contracts and Consumer Finance Act 2003 (CCCFA) for failing to disclose to debtors key information required under Schedule 1 of the CCCFA; section 32(1)(c) of the CCCFA for failing to provide disclosure which was clear, concise and presented in a manner likely to bring the required information to the attention of a reasonable person; and section 13(i) of the Fair Trading Act 1986 for making false or misleading representations about debtors' rights under the Consumer Guarantees Act. Judgment 2018
Manufacturers Marketing Limited Fair Trading Act 40(1) Manufacturers Marketing Limited has been fined $35,000 after pleading guilty to two charges under section 30 of the Fair Trading Act for supplying 344 defective and potentially unsafe toys to retailers. Judgment 2018
PB Technologies Limited Fair Trading Act 19(1)(b) PB Technologies Limited has been warned for likely breaching section 19(1)(b) of the Fair Trading Act (bait advertising) when it advertised Apple Watches for sale as part of its 2016 Cyber Monday sale. Warning letter 2018
Trade Aid Importers Limited Fair Trading Act 30(1) Trade Aid Importers Limited was warned for failing to comply with section 30(1) of the Fair Trading Act 1986 by supplying a toy clown counting set that did not comply with the mandatory product safety standard. The mandatory product safety standard is established by the Product Safety Standards (Children’s Toys) Regulations 2005. Warning letter 2018
1980 Trust Limited t/a Wholesale Club Fair Trading Act 30, 40(1) 1980 Trust Limited has been fined $7,000 after pleading guilty to three charges under section 30 of the Fair Trading Act. It supplied 15 defective and potentially unsafe toys, and three baby walkers without correct safety labels to consumers. Judgment 2018
SDL Trading Limited Fair Trading Act 30, 40(1) SDL Trading Limited has been fined $81,000 after pleading guilty to six charges under the Fair Trading Act for supplying 4,757 defective and potentially unsafe toys to retailers. Judgment 2018
Dealer Finance Limited CCCF Act 9C Dealer Finance Ltd (DFL) provides vehicle finance through 20 Christchurch motor vehicle dealerships, each being shareholders in DFL. It is the Commission's opinion that as the creditor DFL, in late 2015, did not make reasonable inquiries before entering into agreements with particular named borrowers, so as to be satisfied that it was likely that the named borrowers would make payments under the agreements without suffering substantial hardship. Warning letter 2018