BUSINESS

Consumer & Fair Trading Claims

Consumers are watching. The Media is watching. Legislators are watching. If you are a provider of goods or services, you must comply with any legislative obligations – you can’t afford to make a wrong move. Getting the right advice on consumer legislation for your business is essential to avoid impacting your business through non-compliance. Non-compliance costs money and reputation.

McVeagh Fleming's team of Consumer Law specialists can advise you on terms of trade, warranties, and relevant statutory obligations, including under the Fair Trading Act, the Consumer Guarantees Act, Contract and Commercial Law Act, and the Commerce Act. It is equally important for consumers to understand the standard of services and goods they are entitled to, and early advice regarding rights and obligations is advised.

All aspects of Consumer Law

McVeagh Fleming specialises in advising businesses and consumers of their rights and obligations under consumer legislation. Talk to one of our specialists about cost-effective guidance on all aspects of Consumer Law, including:

  • Analysis of marketing, advertising and promotional materials and campaigns
  • Drafting and review of commercial contracts
  • Customer complaint advice
  • Terms of trade
  • Compliance with various New Zealand consumer legislation
  • Advertising codes of practice
  • Representation under compliance proceedings.

Recent Insights

July 2022

Small Business Contracts and Unfair Terms - It's Time to Review Your Contracts!

The Fair Trading Amendment Act 2021 ("Amendment Act") has made recent amendments of the Fair Trading Act 1986 with some terms being extended to small business contracts that will come into force on 16 August 2022.
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January 2020

Unfair Contract Terms

A recent decision in the High Court of New Zealand has provided the first instance of the Courts using the Fair Trading Act 1986 ("FTA") to declare specific terms in a standard form consumer contract unfair, and therefore unenforceable. The decision in Commerce Commission v Home Direct Limited1 was made pursuant to sections in the FTA which were introduced in 2013 and give the Commerce Commission power to apply to the District Court or High Court for a declaration that a term in a standard form consumer contract is unfair.
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May 2019

Heavy Fines Given to Retailers for Misleading Consumers

Recent decisions of the District Court highlight the need for businesses to adhere to the Fair Trading Act 1986 ("FTA") and not mislead their customers, particularly if their customers are 'consumers' under the Consumer Guarantees Act 1993 ("CGA"). Both decisions involved prosecutions by the Commerce Commission against high profile retailers and resulted in substantial fines being awarded against these retailers.
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