Misleading Traders in NZ — Fair Trading Act (2026)
About this article
Sourced from New Zealand Acts of Parliament (legislation.govt.nz), regulations, and official government guidance. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
What is this right?
The Fair Trading Act 1986 makes it illegal for a business to mislead or deceive you — whether deliberately or not. Section 9 bans conduct that is misleading or deceptive (or likely to be), and sections 10–13 ban specific false representations about price, quality, sponsorship, or the existence of a guarantee.
This covers false "sale" pricing, fake scarcity claims, bogus reviews, and products that don't match their advertising. The Commerce Commission enforces the Act and can prosecute traders, but it does not resolve your individual refund — for your own money back you use the Disputes Tribunal or court. Reporting to the Commission still matters: it's how patterns of trader misconduct get stopped.
When does it apply?
- A trader's advertising, pricing or claims turned out to be false or misleading.
- You were pressured or tricked into a purchase.
- A product or service was not what was represented.
What to do about a misleading trader
- Keep the evidence — ads, screenshots, receipts, emails.
- Raise it with the trader and ask for a remedy.
- Report the conduct to the Commerce Commission (comcom.govt.nz, 0800 943 600).
- Claim your money back at the Disputes Tribunal if needed.
What should you NOT do?
- Don't assume the Commerce Commission will get your refund — it enforces the law, it doesn't run your personal claim.
- Don't delay — gather evidence while it's fresh.
- Don't rely on verbal promises — get key claims in writing.
About Consumer Rights in New Zealand
New Zealand consumers are protected by two main laws. The Consumer Guarantees Act 1993 gives you automatic guarantees — that goods are of acceptable quality and fit for purpose — with the right to a repair, replacement or refund when they're not. The Fair Trading Act 1986 bans misleading and deceptive conduct, false claims, and unfair contract terms. Most everyday disputes (up to $60,000 from 24 January 2026) are resolved cheaply at the Disputes Tribunal, where lawyers are not allowed. The Commerce Commission enforces the Fair Trading Act and the Credit Contracts and Consumer Finance Act.
Consumer Protection helpline: 0508 426 678. Citizens Advice Bureau: 0800 367 222.
Common Questions
What is the misleading and deceptive conduct right in New Zealand?
The Fair Trading Act 1986 makes it illegal for a business to mislead or deceive you — whether deliberately or not. Section 9 bans conduct that is misleading or deceptive (or likely to be), and sections 10–13 ban specific false representations about price, quality, sponsorship, or the existence of a guarantee.This covers false "sale" pricing, fake scarcity claims, bogus reviews, and products that don't match their advertising. The Commerce Commission enforces the Act and can prosecute traders, but it does not resolve your individual refund — for your own money back you use the Dispute...
When does it apply — misleading and deceptive conduct?
A trader's advertising, pricing or claims turned out to be false or misleading.You were pressured or tricked into a purchase.A product or service was not what was represented.
What can I do if a business misled me in New Zealand?
Keep the evidence — ads, screenshots, receipts, emails.Raise it with the trader and ask for a remedy.Report the conduct to the Commerce Commission (comcom.govt.nz, 0800 943 600).Claim your money back at the Disputes Tribunal if needed.
What should you NOT do — misleading and deceptive conduct?
Don't assume the Commerce Commission will get your refund — it enforces the law, it doesn't run your personal claim.Don't delay — gather evidence while it's fresh.Don't rely on verbal promises — get key claims in writing.