PDM Trading Limited (t/a PD Mart, Auckland) and Silk Road NZ Retail Limited (t/a PD Mart, Christchurch)

The Commission intends to file criminal proceedings against PDM Trading Limited (t/a PD Mart, Auckland) and Silk Road NZ Retail Limited (t/a PD Mart, Christchurch) (collectively PD Mart) for a range of alleged breaches under the Fair Trading Act 1986 including in relation to allegations that between 2024 and 2026 PD Mart:

• supplied and/or offered to supply children’s toys (including rattles), bicycles, baby walkers, sunscreen and hot water bottles that failed to comply with the requirements of an applicable Product Safety Standard or an Unsafe Goods Notice in breach of sections 30(1) or 31(5);
• made false or misleading representations about the kind, standard, quality, style or model of its children’s car restraints in breach of section 13(a); and
• made false or misleading representations about consumers’ rights to refunds or exchange for faulty products in breach of section 13(i).

To address the Commission’s ongoing concerns relating to PD Mart’s systems and processes, it has entered court enforceable undertakings. Amongst other things, the undertakings require PD Mart to stop selling products in relevant product categories for a minimum period of six months.