Originally from:
International Consumer Protection - 2nd Edition - Looseleaf
International Consumer Protection - 2nd Edition - Electronic
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Introduction
Private Law, Administrative Law, and Self-Regulation
New Zealand has a comprehensive legal regime in place to protect consumers,
covering issues such as defective goods and services, excessive prices,
misleading and deceptive trade practices, non-disclosure of information, and
anti-competitive behavior.1 There are two sources of consumer protection law:
Common Law and statute.
New Zealand’s Common Law was originally imported from the United
Kingdom by virtue of the English Laws Application Act 1854. Its original
application was confirmed by the Imperial Laws Application Act 1988. New
Zealand’s Common Law has by and large remained consistent with United
Kingdom Common Law, although it has been adapted, in some cases
extensively modified, to suit New Zealand consumers’ particular
requirements.
Under the Common Law, the principles of contract and tort, in particular
concerning negligence, have been applied in New Zealand to protect consumers.
As in the United Kingdom, consumer protection under the law of contract is
restrained by the rules of privity, resulting in consumers seeking redress in
negligence. The principles of contract law and tort are no longer the primary
source of consumer protection law in New Zealand.
Consumers’ interests in New Zealand are today protected primarily by a
comprehensive regime of statute and regulation which is administered by the
Ministry of Consumer Affairs and enforced by individuals, traders, and the
Commerce Commission. At the inner core of the regime are three statutes: the
Consumer Guarantees Act 1993, the Fair Trading Act 1986, and the
Commerce Act 1986. There is then an outer core which includes the Credit
Contracts and Consumer Finance Act 2003, the Motor Vehicle Sales Act 2003,
the Layby Sales Act 1971, and the Door to Door Sales Act 1967. Next, there is
a mantle of statutes which includes the Food Act 1981 and the Medicines Act
1981.
Katrina Crooks and Ben Cain, James & Wells, Auckland, New Zealand
