Business owner admits contempt of court, advisory issued to former customers

Commerce Commission General Manager, Competition, Fair Trading and Credit Rebecca McAtamney says the outcome is a reminder to businesses and directors that the Commission expects compliance with such arrangements.

“We expect enforceable undertakings and court orders to be adhered to, and we will pursue those who fail to comply,” she says.

Mr Singh, his company and his wife were jointly fined $60,000 in 2020 for breaching the Fair Trading Act. The charges related to false or misleading representations made regarding the installation, servicing and maintenance of fire extinguishers and the need for those services.

At the time, the company and the couple signed enforceable undertakings not to be knowingly involved in the supply of fire safety equipment, not to be knowingly involved in offering services connected with fire safety equipment, and to remove Aero Fire from the Companies Register.

“In 2023, the District Court made orders that the undertakings were to be complied with, after we uncovered evidence of non-compliance,” Ms McAtamney says.

“Despite this, in 2024 our investigators uncovered further evidence of Mr Singh’s continued non-compliance, which he admitted. We take a dim view of such flagrant disregard for agreed enforceable undertakings.”

The proceedings against Mr Singh have now been adjourned due to his personal circumstances.

Given the delay in Mr Singh’s sentencing, the Commission is issuing a safety advisory recommending that anyone with fire equipment provided or serviced by Mr Singh (who was also using the business name Safety Plus) get it checked to ensure:

• The equipment has not expired and is in working order
• It is correctly installed and has appropriate signage
• It is of a size and type that is correct for the business

Ms McAtamney says Mr Singh has historically targeted small businesses in the Auckland and Waikato regions. He would usually enter uninvited and inform staff that he was there to check their fire extinguishers. After inspection, staff were typically advised the fire extinguishers needed to be serviced or replaced.

He would then remove the device, before returning and reinstalling a supposedly serviced extinguisher, or a purportedly new one. The Commission’s investigations have identified issues with the equipment and services provided by Mr Singh, including that the service or test may not comply with the relevant standard, a replacement extinguisher may not be ‘new’ or compliant, or the wrong extinguisher type for the intended use is installed.

“The possible safety risks resulting from Mr Singh's conduct means it is crucial businesses who have had dealings with him check their equipment,” Ms McAtamney says.