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
Bayley Corporation Limited Commerce Act 27 via s 30 Bayley Corporation Limited was ordered to pay a penalty of $2.2m following admissions they breached s 27 via s 30 of the Commerce Act by entering into and giving effect to a price fixing agreement with four other real estate companies to pass on to vendors the cost of advertising properties on Trade Me. Judgment 2016
Success Realty Limited Commerce Act 27 via s 30 Success Realty Limited was ordered to pay a penalty of $900,000 following admissions they breached s 27 via s 30 of the Commerce Act by entering into and giving effect to a price fixing agreement with four other real estate companies to pass on to vendors the cost of advertising properties on Trade Me. Success operates in the Hamilton region under the Bayleys brand. Judgment 2016
Budget Loans Limited and Evolution Finance Limited Fair Trading Act 13(e), 13(i) Budget Loans Limited and Evolution Finance Limited have been found guilty in the Auckland District Court on 106 charges under the Fair Trading Act 1986. The companies were found guilty of representations made to 18 borrowers while enforcing loan contracts. the Commission filed 125 charges against Budget Loans and Evolution Finance. At a hearing in May 2016 the defendants sought to have 122 of those charges dismissed. In a separate judgment the Court ruled that 19 charges should be dismissed. Judgment 2016
Microbe Cars Limited t/a Microbecars Fair Trading Act 28(1) The Commission issued two infringement notices as it had reasonable grounds to believe that Microbe Cars Limited t/a Microbecars, breached section 28 of the Fair Trading Act 1986 by failing to comply with the consumer information notice requirements for used motor vehicles set out in the Consumer Information Standards (Used Motor Vehicles) Regulations 2008. Infringement – paid 2016
Karu Trading Company Limited Fair Trading Act 28(1) The Commission issued two Infringement Notices as it had reasonable grounds to believe that Karu Trading Company Limited breached section 28(1) of the Fair Trading Act by failing to comply with the requirements of the Consumer Information Standards (Country of Origin Labelling) Regulations 2000 and the Consumer Information Standards (Care Labelling) Regulations 2000. Infringement – paid 2016
Gerard Thomson Fair Trading Act 13(i) Gerard Thomson pleaded guilty to three breaches of section 13(i) of the Fair Trading Act 1986 by making false or misleading representations concerning the existence of guarantees in relation to three building contracts. He was sentenced to pay a total reparation amount of $16,700 and a total fine of $12,800. Judgment 2016
Betterlife Corporation Limited CCCF Act 17, 32(1)(c) Betterlife Corporation Limited was ordered to pay a penalty of $73,500 following admissions it had breached ss 17 and 32(1)(c) of the CCCFA as its consumer credit contracts failed to provide adequate disclosure and was not clear, concise and presented in a manner likely to bring the required information to the attention of a reasonable person. Judgment 2016
Goodring Company Limited CCCF Act 17, 32(1)(c) Goodring Company Limited was ordered to pay a penalty of $98,000 following admissions it breached ss 17 and 32(1)(c) of the CCCFA as its consumer credit contracts failed to provide adequate disclosure and the disclosure was not provided in a clear, concise way, or presented in a manner likely to bring the required information to the attention of a reasonable person. In addition, Goodring Company Limited admitted breaching ss 11(1)(a) and 11(1)(b) of the Financial Service Providers (Registration and Dispute Resolution) Act 2008 for having knowingly failed to be registered on the Financial Service Providers Register and for not being a member of an approved dispute resolution scheme. Judgment 2016
Approved Finance Limited CCCF Act 105C(1), 9J(4) The Commission issued an infringement notice as it had reasonable grounds to believe that Approved Finance Limited breached section 9J(4) of the Credit Contracts and Consumer Finance Act 2003 by failing to provide a copy of its standard form contract terms immediately on request by a person. Infringement – paid 2016
Qualimax Limited Fair Trading Act 30(1) Sold a children's cot which did not meet the mandatory safety standard. Warning 2016
Autobase Enterprise Limited T/A AJ Automotors LMVD Fair Trading Act 28 The Commission issued two Infringement Notices as it had reasonable grounds to believe that Autobase Enterprise Limited T/A AJ Automotors LMVD breached section 28 of the Fair Trading Act by failing to comply with the consumer information notice requirements for used motor vehicles set out in the Consumer Information Standards (Used Motor Vehicles) Regulations 2008. Infringement – paid 2016
Twenty Fifty Club - Gavin Marsich Fair Trading Act 13(f), 13(i), 47(j)

CCCF Act 113(i), 17, 41
Twenty Fifty Club Limited convicted of breaches of s47(j) of the FTA and s113(i) of the CCCFA for failing to comply with statutory notices without reasonable excuse. Also convicted of misrepresenting rights to repossess goods under s13(i) of the Fair Trading Act and misrepesenting that it was a registered financial service provider under s 13(f). The company was convicted of failing to provide initial disclosure under s17 of the CCCFA and charging unreasonable fees under s41. Mr Gavin Marsich was convicted as a party to the company's offending. Judgment 2016
Unique Realty Limited Commerce Act 27 via s 30 Unique Realty Limited were ordered to pay a penalty of $1.25m following admissions they had breached s 27(1) and (2) via s 30 of the Commerce Act by entering into and giving effect to an agreement with at least 10 other real estate agencies in Manawatu to pass on to vendors the cost of advertising a property on Trade Me. Judgment 2016
Chequers Finance Limited CCCF Act 9J(4) The Commission issued an Infringement Notice as it had reasonable grounds to believe that Chequers Finance Limited breached section 9J(4) of the Credit Contracts and Consumer Finance Act 2003 by failing to provide a copy of its standard form contract terms immediately on request by a person. Infringement – paid 2016
Nangong Limited and Yun Qiang Hou Fair Trading Act 13(a), 13(j) Nangong Limited and Yun Qiang Hou made false or misleading representations as to the fibre content and place of origin of alpaca duvets in breach of sections 13(a) and 13(j) of the Fair Trading Act 1986. Nangong Limited was fined $91,000 and Yun Qiang Hou was fined $18,200. Judgment 2016
Mi Woollies Limited Fair Trading Act 28(1) The Commission issued three Infringement Notices as it had reasonable grounds to believe that Mi Woollies Limited breached section 28(1) of the Fair Trading Act by failing to comply with the requirements of the Consumer Information Standards (Country of Origin Labelling) Regulations 2000. Infringement – paid 2016
MIK Autos Limited Fair Trading Act 28 The Commission issued two Infringement Notices as it had reasonable grounds to believe that MIK Autos Limited breached section 28 of the Fair Trading Act by failing to comply with the consumer information notice requirements for used motor vehicles set out in the Consumer Information Standards (Used Motor Vehicles) Regulations 2008. Infringement – paid 2016
Brilliance Steel Limited Fair Trading Act 09, 10, 13 The Commission had concerns that Brilliance may have engaged in conduct that breached the Fair Trading Act in relation to 147 Steel Mesh, and sent Brilliance a Stop now letter. Brilliance has not admitted liability but has agreed to give an enforceable undertaking to the Commission so that the Commission can rescind the Stop now letter. As part of the undertakings, Brilliance will have an IANZ accredited laboratory test each batch of 147E Steel 18 times and provide that to the Commission. The Commission’s investigation into Brilliance continues. Enforceable undertakings 2016
Sportzone Motorcycles Limited (in liquidation) and Motor Trade Finance Limited CCCF Act 03, 41, 42, 43, 44 The Supreme Court confirmed that MTF and Sportzone had charged unreasonable establishment and other credit fees on 39 finance contracts entered into between 2005 and 2008. Judgment 2016
Intagr8 Limited, Mr Taylor and Mr Morrissey Fair Trading Act 13(b), 13(g) Intagr8, Mr Taylor and Mr Morrissey are warned for likely breaches of sections 13(b) and 13(g) of the FTA for making false or misleading representations as to: the price of equipment and telephony services offered; and the nature of the services offered – customers were entered into a long term rental agreement with third party finance companies when it had been implied that the services would be supplied by Intagr8. Warning letter 2016