Card Surcharges & Pricing in NZ — Your Rights (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?
If a business adds a surcharge for paying by card, it can only pass on its actual cost of accepting that payment — it can't use surcharges to pad profit. The Commerce Commission's position is that any surcharge above about 2% is hard to justify, and routine methods like inserting or swiping a debit/EFTPOS card should generally not be surcharged at all. Misrepresenting a surcharge can also breach the Fair Trading Act 1986.
Prices displayed must be accurate, and the price shown is the price you should pay. If you're overcharged at the till versus the shelf or advertised price, you can insist on the correct price and report persistent mispricing to the Commission.
When does it apply?
- A business adds a card-payment surcharge that looks too high.
- You were charged more than the displayed or advertised price.
- A surcharge wasn't disclosed before you paid.
What to do about a surcharge or wrong price
- Ask what the surcharge covers — it should reflect the merchant's actual cost.
- Point out the displayed price if you're charged more, and ask for it to be honoured.
- Report excessive surcharges or mispricing to the Commerce Commission.
What should you NOT do?
- Don't assume a high surcharge is lawful — above ~2% is hard to justify.
- Don't pay a hidden surcharge silently — it should be disclosed up front.
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 payment surcharges and accurate pricing right in New Zealand?
If a business adds a surcharge for paying by card, it can only pass on its actual cost of accepting that payment — it can't use surcharges to pad profit. The Commerce Commission's position is that any surcharge above about 2% is hard to justify, and routine methods like inserting or swiping a debit/EFTPOS card should generally not be surcharged at all. Misrepresenting a surcharge can also breach the Fair Trading Act 1986.Prices displayed must be accurate, and the price shown is the price you should pay. If you're overcharged at the till versus the shelf or advertised price, you can insist on t...
When does it apply — payment surcharges and accurate pricing?
A business adds a card-payment surcharge that looks too high.You were charged more than the displayed or advertised price.A surcharge wasn't disclosed before you paid.
Are card surcharges legal in New Zealand?
Ask what the surcharge covers — it should reflect the merchant's actual cost.Point out the displayed price if you're charged more, and ask for it to be honoured.Report excessive surcharges or mispricing to the Commerce Commission.
What should you NOT do — payment surcharges and accurate pricing?
Don't assume a high surcharge is lawful — above ~2% is hard to justify.Don't pay a hidden surcharge silently — it should be disclosed up front.