Enforcing your rights and dispute resolution

Fair Trading

It is illegal for traders to mislead consumers, give false information or use unfair trading practices.

This includes:

• all aspects of the promotion and sale of goods and services
• anything said about a product or service, either verbally or in writing
• any impressions given by pictures, advertisements or promotional material.

The Fair Trading Act applies to anyone in trade – from big organisations like hotel chains, airlines and department stores, to small or temporary businesses like a souvenir stall or ice cream stand, and online sellers.

So you can make an informed decision about purchasing goods and services, traders must ensure the information they give you is accurate and important information is not withheld.

Consumer guarantees

There are minimum guarantees that apply to all products and services acquired from a supplier and you can seek repairs, replacements or refunds when these are not as expected. This is covered by the Consumer Guarantees Act.

Products should:

• be of acceptable quality
• be fit for a particular purpose
• arrive on time and in good condition
• match the description, sample or demonstration
• be supported by reasonably available spare parts and repair facilities (by manufacturers)
• be sold with full ownership rights (or undisturbed possession if subject to a hire purchase or lease)
• not have money owing that is not disclosed.

Services should be:

• carried out with reasonable care and skill
• fit for a particular purpose
• carried out in a reasonable time
• charged for at a reasonable price.

The Consumer Guarantees Act is self-enforcing, which means you can take your own action. If a guarantee is not met, you have the right to insist that the seller or service provider puts it right. For more information, go to the Consumer Protection websiteopen_in_new.

Talk to the trader

If you think that a product or service does not meet the above guarantees, or you feel you have been misled, you should speak to the trader you purchased from first – it is likely they will want to resolve the issue with you.

Dispute resolution services

These dispute resolution services help people who want a refund or advice.

If you are seeking a refund, replacement product or compensation for a situation which has impacted you these are the places that will help you:

Free dispute resolution services

• Banking Ombudsmanopen_in_new (banking related issues)
• Utilities Disputesopen_in_new (electricity, gas and broadband installation on shared property)
• Privacy Commissionopen_in_new (Privacy Act rights for individuals including the right to request personal information)
• Office of the Ombudsmanopen_in_new (government departments and councils)
• Telecommunications Dispute Resolutionopen_in_new (retail broadband, phone and mobile providers)
• Insurance and Financial Services Ombudsmanopen_in_new (insurance, superannuation, investments, financial advice, loans and credit, foreign exchange and money transfer services)
• Financial Services Complaints Ltdopen_in_new (investment and lending providers)
• Financial Dispute Resolution Serviceopen_in_new (investment and lending providers)
• NZ Food Safety Authorityopen_in_new (labelling, ingredients, safety, and other food related matters)

Free advice and advocacy

• Community Lawopen_in_new (advice and advocacy for contract, employment, family, housing legal issues, criminal matters, and human rights)
• Citizens Advice Bureauopen_in_new (including Consumer Guarantees Act queries)

Court options

• Disputes Tribunalopen_in_new (small claims up to $30,000)
• Tenancy Tribunalopen_in_new (housing disputes)
• Motor Vehicle Disputes Tribunalopen_in_new (registered traders behaviour, advertising, contract terms, vehicle condition)
• Environment Courtopen_in_new (resource consents)

Report it to the Commerce Commission

We are responsible for enforcing the Fair Trading Act. If you feel as though you have been misled by a trader, you can call us on 0800 943 600 or report a concern. 

Get some legal advice

If you need some legal advice, you can consult a lawyer, contact your local Citizens Advice Bureauopen_in_new (phone 0800 367 222) or Community Law Centreopen_in_new.