Fair trading and consumer law

Our consumer law team provides practical solutions and training to help businesses avoid the consequences of a Commerce Commission investigation.  We also have a strong track record in consumer law complaints, investigations, and litigation.

Overview

We understand the consumer law environment and legislation

Consumer law is integral to ensuring that businesses compete fairly, and consumers can make informed decisions about the products and services they buy.

We have detailed knowledge of New Zealand's consumer protection regime, including the Fair Trading Act, Consumer Guarantees Act, and Credit Contracts and Consumer Finance Act.

We provide a full range of fair trading and consumer law advice

Our advice includes:

  • Managing complaints about misleading and unsubstantiated representations, including pricing, origin, environmental, and health claims
  • Reviewing marketing material to help clients ensure that they are able to compete vigorously based on accurate claims and representations
  • Giving advice on consumer guarantees and complaints, and extended warranties
  • Advising on product safety and consumer information standard issues, and product recalls
  • Vetting competitions and promotions for compliance with the Fair Trading Act and Gambling Act
  • Reviewing unfair contract terms and providing guidance on the unconscionable conduct prohibition
  • Managing bait advertising risk.

We also provide customised fair trading and consumer law compliance programmes and training.

We guide clients through complaints and investigations

We help clients avoid common consumer law issues that lead to customer and competitor complaints. Our team also helps clients navigate Commerce Commission investigations when necessary.

We provide legal representation in criminal and civil proceedings, and support clients with Broadcasting Standards Authority and Advertising Standards Authority complaints.



Work highlights

Strand (formerly Strandbags)

We advised Strand on proceedings brought against it by the Commerce Commission.

Toyota New Zealand

We advised Toyota New Zealand on consumer law compliance matters.

Contact Energy

We advised Contact Energy on a Commerce Commission investigation and subsequent proceedings under the Fair Trading Act for its promotion of its participation in the AA Smartfuel loyalty scheme.

Product safety standard investigation

We advised a large retailer on a Commerce Commission product safety standard investigation.

Consumer law compliance programme

We developed a consumer law compliance programme for a major retailer.

Fair Trading Act and Gambling Act

We review promotions for compliance with the Fair Trading Act and Gambling Act.


Our team

Susie Kilty

Partner, Wellington

Susie specialises in competition, fair trading, overseas investment consents and economic regulation, particularly of infrastructure in…

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Allan Yeoman

Partner, Auckland

Allan is a partner in Buddle Findlay's Technology, Media and Telecommunications (TMT) team. …

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Amy Ryburn

Partner, Wellington
Board of Management

Amy specialises in commercial law. …

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Philip Wood

Partner, Auckland

Philip specialises in providing commercial, IT, telecommunication, media and television/film sector advice including strategic advice…

Email Philip Wood