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Consumer rights & money

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Protections when buying privately

Overview

You’re not protected by the Consumer Guarantees Act 1993 or the Fair Trading Act 1986 when you buy goods privately, rather than from a shop or other business. So the guarantees and protections under those Acts don’t cover you if, for example, you buy through a newspaper advertisement or garage sale, or from a private person on Trade Me or Facebook Marketplace.

However, when you buy privately you may have some protections under the Contract and Commercial Law Act 2017 or under the common law (judge-made law) for contracts.

Note: The Contract and Commercial Law Act 2017 has been in force since 1 September 2017. This new Act didn’t change the law on private sales, it was simply meant to restate the old law in a clearer, more modern way. Until September 2017, this area of law was still covered by the Contractual Remedies Act 1979 (for misleading statements) and the Sale of Goods Act 1908 (for when a private seller doesn’t have clear ownership).

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Consumer protection

Where to go for more support

Community Law

www.communitylaw.org.nz

Your local Community Law Centre can provide free initial legal advice and information.

Consumer Protection

www.consumerprotection.govt.nz

Consumer Protection helpline: 0508 426 678 (0508 4 CONSUMER)

Email: cpinfo@mbie.govt.nz

The Consumer Protection website has useful information on a range of consumer topics. Consumer Protection is part of the Ministry of Business, Innovation, and Employment (MBIE).

FinCap

www.fincap.org.nz

Phone: 0800 345 123

FinCap can help you with budgeting information online or on the phone. They may also suggest a local budgeting service to help you with debt and other budgeting issues.

Consumer NZ

www.consumer.org.nz

The Consumer NZ website provides a wide range of information on consumer issues and template letters you can use to write to traders to enforce your rights. You can also order “Do Not Knock” stickers to deter uninvited door to door knockers on their website.

Citizens Advice Bureau

www.cab.org.nz

Phone: 0800 FOR CAB (0800 367 222)

Citizens Advice Bureaux have volunteers trained in consumer law who can provide you with information and advice about consumer problems.

Commerce Commission

www.comcom.govt.nz

Phone: 0800 943 600

Email: contact@comcom.govt.nz

The Commerce Commission enforces the laws against misleading and deceptive conduct by traders (the Fair Trading Act) and the consumer credit legislation (the Credit Contracts and Consumer Finance Act). The Commission provides information on these areas on its website.

Consumer rights in another language

www.comcom.govt.nz/consumers/read-about-your-consumer-rights-and-business-responsibilities-in-another-language

This site by the Commerce Commission has information about typical situations consumers find themselves in, in five different languages.

Product Recalls

www.recalls.govt.nz

This site lets you know which products have been “recalled” due to safety issues or product defects. You can generally return a recalled product to the place where you bought it to be repaired or replaced.

Motor Vehicle Traders Register

www.motortraders.med.govt.nz

Phone: 0508 MOTOR TRADERS (0508 668 678)

Check to see if a motor vehicle trader is registered.

Motor Vehicle Disputes Tribunal

www.justice.govt.nz/Tribunals/motor-vehicle-dealer-disputes

Phone: 0800 268 787

The Motor Vehicle Disputes Tribunal deals with disputes of amounts up to $100,000. It can be more if both parties agree in writing.

Personal Properties Securities Register (PPSR)

www.ppsr.companiesoffice.govt.nz/

Search the PPSR register to see if there is any security interest registered against a vehicle. This can be done for a small fee by registering to check online

Proceedings in the District Courts

The Ministry of Justice website has information about making or responding to a claim in the District Courts. See: www.justice.govt.nz and search “claims to civil court”.

Buying a car privately

YouthLaw has produced a video on buying a car privately.
See: www.youtube.com/watch?v=aK8irFAn1as

New Zealand Police

www.police.govt.nz/stolenwanted/stolen-vehicles

Check to make sure a car that you’re considering buying hasn’t been listed with the police as stolen.

Dispute resolution schemes

There are four dispute resolution schemes for consumers dealing with lenders and other credit providers.

Financial Services Complaints Limited – www.fscl.org.nz

Phone: 0800 347 257

Email: info@fscl.org.nz

Insurance & Financial Services Ombudsman
Phone: 0800 888 202

Email: info@ifso.nz

Banking Ombudsman – www.bankomb.org.nz
Phone:
0800 805 950

Email: help@bankomb.org.nz

Financial Dispute Resolution – www.fdrs.org.nz
Phone:
0508 337 337

Email: enquiries@fdrs.org.nz

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