PUBLICATIONS

Publications

Our lawyers keep up with the latest trends and issues in New Zealand law and business, and regularly publish articles and reports on current topics.

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Alert: Unfair contract terms protection coming to businesses?

Written by Darryl King, PARTNER; Claire Godber, SENIOR ASSOCIATE on December 10th, 2018.    

The Minister of Commerce and Consumer Affairs and the Minister for Small Business have today released a discussion paper about whether there is a need for increased protections for businesses and consumers against unfair commercial practices. 
 

10 Things to Think About: Consumer Law

Written by David Alizade, PARTNER; Claire Godber, SENIOR ASSOCIATE; Isabel Jenner, SENIOR LAWYER on August 31st, 2018.    

Most businesses know (or should know!) about the Fair Trading Act 1986 (FTA) and the Consumer Guarantees Act 1993 (CGA) – essentially they impose loads of obligations on people who are “in trade”.  In case your memory is a bit hazy, we’ve summarised 10 key points you need to know about these consumer laws.

 

Commerce Commission Publishes 2016 / 2017 Consumer Issues Report 

Written by Darryl King, PARTNER; David Alizade, PARTNER; Claire Godber, SENIOR ASSOCIATE on September 27th, 2017.    

The Commerce Commission has released its 2016/17 Consumer Issues Report. The report identifies key issues and emerging risks that have the potential to affect consumers in New Zealand. 

 

Recent Misleading & Deceptive Conduct - Alternative facts get more than a slap on the wrist in NZ

Written by Darryl King, PARTNER; Claire Godber, SENIOR ASSOCIATE on February 16th, 2017.    

The Fair Trading Act 1986 (FTA) makes it an offence for businesses to engage in conduct that is, or is likely to be, misleading or deceptive.  The FTA also includes more specific offences such as engaging in conduct that is liable to mislead the public as to the nature, characteristics, quantity, manufacturing process or suitability for purpose of goods and services. Summarised below are a number of recent FTA convictions for, what in hindsight appear to be, blatant misleading conduct.    

 

Commerce Commission Publishes 2016 Consumer Issues Report

Written by Darryl King, PARTNER; Claire Godber, SENIOR ASSOCIATE on November 1st, 2016.    

The Commerce Commission has released its 2016 Consumer Issues Report.  The report identifies key issues and emerging risks that have the potential to affect consumers in New Zealand, and upcoming areas of focus for the Commerce Commission.  
 

Commerce Commission Review of Unfair Contract Terms in Consumer Contracts – Energy Retail

Written by Darryl King, PARTNER; Claire Godber, SENIOR ASSOCIATE on September 21st, 2016.    

Last month the Commerce Commission released a report on unfair contract terms in the energy retail sector.  The full report contains the second Commerce Commission industry review of unfair contract term (UCT) provisions and follows the telecommunications review released earlier this year.  The UCT provisions were introduced in March 2015 as an amendment to the Fair Trading Act and have a wide reach as they apply to every standard form contract between a business and a New Zealand consumer.
 

Privacy and Cyber Security in New Zealand

Written by Darryl King, PARTNER; Claire Godber, SENIOR ASSOCIATE on August 23rd, 2016.    

Safeguarding privacy and cyber security are key concerns for businesses and consumers in 2016.  This article looks at the latest public research and what this means for you.

 

Commerce Commission takes tougher stance than expected in Telco review

Written by Darryl King, PARTNER; Claire Godber, SENIOR ASSOCIATE on May 2nd, 2016.    

In March 2015 new rules came into force prohibiting the use of “unfair” terms in standard form consumer contracts.  
In February 2016 the Commerce Commission released a report on unfair contract terms (UCT) in the telecommunications sector.  The full report, available here, contains the first industry review by the Commerce Commission.

 

Commerce Commission Review of Unfair Terms in Consumer Contracts - Telecommunications Sector

Written by Darryl King, PARTNER; Claire Godber, SENIOR ASSOCIATE on March 14th, 2016.    

Last month the Commerce Commission released a report on unfair contract terms in the telecommunications sector. The full report contains the first Commerce Commission industry review of unfair contract term (UCT) provisions. The UCT provisions were introduced in March 2015 as an amendment to the Fair Trading Act and have a wide reach as they apply to every standard form contract between a business and a New Zealand consumer.
 

Commerce Commission Publishes 2015 Consumer Issues Report

Written by Darryl King, PARTNER on October 6th, 2015.    

The Commerce Commission has released its second Consumer Issues Report.  The report identifies key issues and emerging risks that have the potential to affect consumers in New Zealand, and upcoming areas of focus for the Commerce Commission.  The report is based on industry information and recent consumer complaints received by the Commission.   
 

Consumer Law Update: Unfair Contract Terms - November 2014

Written by Darryl King, PARTNER; Claire Godber, SENIOR ASSOCIATE on November 3rd, 2014.    

Changes to the Fair Trading Act that introduce unfair contract terms provisions will be coming into force on 17 March 2015.  If you use standard form consumer contracts, these will apply to you.
 

Consumer Law Reform

Written by Darryl King, PARTNER on June 2nd, 2014.    

New Zealand’s consumer laws are undergoing a major overhaul resulting in the biggest consumer law changes in 20 years.
 
We have briefly summarised the key changes for you below. Some of them are already in force and more changes are scheduled for June 2014 and March 2015.  Some of the rules are complex and we recommend you get specific legal advice from our Business Law Team.
 
 

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