Your consumer rights are protected mainly by two pieces of legislation - the Fair Trading Act and the Consumer Guarantees Act. They help ensure that you get the goods or services you pay for, and that what you get is of reasonable quality.
This page explains what those key bits of law do, for more specific information about how those laws apply see the other pages in our consumer section such as
goods and
services.
What does the Fair Trading Act cover?
What does the Consumer Guarantees Act cover?
Do the Fair Trading Act and Consumer Guarantees Act cover me when I buy something from a friend?
What can I do if I think my consumer rights have been breached?
What does the Fair Trading Act cover?
The
Fair Trading Act (FTA) protects you, as a consumer, from misleading and deceptive actions, false representations and unfair practices by traders. The FTA covers all advertising and selling of goods and services.
What does the Consumer Guarantees Act cover?
Whenever you buy consumer goods or services in New Zealand from a retailer - goods or services which are usually bought for personal, domestic or household use - you are covered by the Consumer Guarantees Act (CGA).
When you buy goods they are covered by six guarantees:
- they have to be of acceptable quality and last for a reasonable time
- they have to be fit for their particular purpose
- they have to match their description
- they have to match the showroom model
- the retailer has to have the rights to sell them to you
- they have to be a reasonable price (if no agreement was made about the price)
If you’ve bought goods which don’t meet the guarantees, go back to the retailer and explain the problem. For minor faults, the retailer has to repair them or give you a replacement or a refund. For major faults, it’s your choice whether you get a refund or replacement. You can also choose to keep the faulty goods and get some compensation because of the fault. In case of future problems, always keep your receipt, warranty and other information about the product.
Do the Fair Trading Act and Consumer Guarantees Act cover me when I buy something from a friend?
Neither Act covers private sales but there are other options available to you depending on what has happened. For more information about your own problem, search our site, or contact your local Citizens Advice Bureau
What can I do if I think my consumer rights have been breached?
First of all, check what your rights are in your specific situation. Your local Citizens Advice Bureau (0800 367 222) can help if you’re not sure.
Hopefully you’ve kept your receipts and any other relevant documentation to help you prove your case.
Take your evidence with you when you visit the trader or service provider, and tell them what the problem is and what you want them to do about it. They may sort it out for you straight away.
If this doesn’t work, write them a letter of complaint. You can refer to Consumer NZ’s letter templates to help you with the wording. Keep a copy of the letter and send it, along with photocopies of your evidence, to the trader or service provider.
Some industry bodies have their own complaints process or disputes resolution scheme. For example, you can complain about a telecommunications provider to Telecommunication Dispute Resolution (TDR), while the Electricity and Gas Complaints Commission (EGC) handles complaints about electricity and gas providers. You can check Complaint Line to find out which disputes resolution scheme is appropriate for your complaint.
If your complaint cannot be dealt with by a disputes resolution scheme or industry body, you can take a claim to the Disputes Tribunal.
If you aren't sure how to proceed with your complaint, you can get help from your local Citizens Advice Bureau (0800 367 222).