Society supports separate Consumer Guarantees Act
The Consumer Guarantees Act 1993 should continue to be a stand-alone statute, while the Fair Trading Act 1986 should incorporate a number of currently separate consumer protection statutes.
This is the view of the New Zealand Law Society, expressed in a written submission to the Ministry of Consumer Affairs. The Society’s comments address a number of matters raised in the ministry discussion paper “Consumer Law Reform – A Discussion Paper, June 2010”.
The Society says the Consumer Guarantees Act focuses on post-purchase conduct and remedies, while the Fair Trading Act protects the consumer pre-purchase.
“The Consumer Guarantees Act is a well-established consumer protection statute that is widely recognised by consumers, and the Society believes it would create unnecessary confusion for consumers if the Consumer Guarantees Act were to be incorporated into the Fair Trading Act.”
The Law Society further notes that the Consumer Guarantees Act provisions have been incorporated into the Australian Trade Practices Act, but the structure of the Act is such that it is difficult for a person who is not experienced in statutory interpretation to match consumer rights with the available remedies.
“Further, the Society is of the view that the power of the branding of the Consumer Guarantees Act through its name should not be underestimated. Both consumers and traders are quite clear as to the purpose and intent of this Act, as indicated by the ministry’s studies.”
Commenting on the Fair Trading Act, the Society says it should incorporate the Door-to-Door Sales Act 1967, the Layby Sales Act 1971, the Unsolicited Goods and Services Act 1975 and, potentially, the Weights and Measures Act 1987.
This would consolidate and simplify the law, and provide consumers with clearer and easier access to consumer protection related legislation, the Society says.