Consumer & Fair Trading Claims

Helping consumers enforce their rights.

If you feel you have been treated unfairly or misled, McVeagh Fleming can help you understand your rights and take steps to make things right.

We advise consumers on their rights and obligations under New Zealand consumer legislation and provide practical, cost-effective guidance across a wide range of consumer law matters, including:

Consumer Guarantees Act – Your rights when goods or services are faulty or do not meet acceptable standards
Credit Contracts and Consumer Finance Act – Protections when borrowing money or purchasing on credit
Fair Trading Act – Remedies where a business has misled or deceived you
Online safety and digital communications – Anti-spam laws, harmful digital communications, and electronic transactions
Privacy Act – Advice where you believe your privacy has been breached
Product safety – Assistance if you have suffered harm or a near miss involving a product or service
Motor Vehicle Disputes Tribunal – Representation and advice if you believe a motor vehicle dealer has treated you unfairly

Our focus is on resolving matters efficiently and helping you achieve a fair outcome.

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For business matters, view Litigation & Dispute (Business).

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Our latest insights

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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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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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Consumer Affairs Lawyer, Retailers Fined, Misleading Claims. Protect yourself and do not fall foul of the law. Seek advice. Call 377 9966 for a chat.

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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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