Enforcement Response Register

This register contains warnings, settlements and judgments since 1 January 2014 under the Fair Trading Act 1986, the Commerce Act 1986, and the Credit Contracts and Consumer Finance Act 2003.

It does not contain all enforcement responses before this date or enforcement responses withheld under the Official Information Act 1982.

Please note that judgments will be published as we receive them from the Court. This can sometimes be several months after the relevant hearing.

Investigation reports

Selected judgments

Enforcement Response Guidelines

Our guidelines describe how the Commission enforces New Zealand's fair trading, competition and credit contract laws.

Parties Act/Section Description Resolution Year
Nelson Environment Centre t/a Nelson Refuse and Recycle Centre Fair Trading Act 31(5)(b) Nelson Environment Centre (trading as Nelson Refuse and Recycle Centre) was warned for likely breaching section 31(5)(b) of the Fair Trading Act, in relation to offering to sell a chainsaw without a chain brake. Warning letter 2017
Budget Loans Limited and Evolution Finance Limited Fair Trading Act 13(e), 13(i) Budget Loans Limited and Evolution Finance Limited have been found guilty in the Auckland District Court on 106 charges under the Fair Trading Act 1986. The companies were found guilty of representations made to 18 borrowers while enforcing loan contracts. the Commission filed 125 charges against Budget Loans and Evolution Finance. The District Court ruled that 19 charges should be dismissed. On appeal the High Court has found that the companies have a case to answer on these charges and they have been remitted to the District Court for consideration. The High Court has also dismissed the companies appeal against its conviction on the other 106 charges. Judgment 2017
Property Brokers Limited and its sole Director Timothy John Mordaunt Commerce Act 27 via s 30 Property Brokers Limited was ordered to pay $1.45m, and its sole Director Timothy John Mordaunt was ordered to pay $50,000, following admissions that they had breached s 27(1) and (2) via s 30 of the Commerce Act by entering into and giving effect to an agreement with at least 10 other real estate agencies in Manawatu to pass on to vendors the cost of advertising a property on Trade Me. Judgment 2017
Approved Finance Limited CCCF Act 17 We have warned Approved Finance Limited that it has likely breached section 17 of the Credit Contracts and Consumer Finance Act 2003 for failing to provide borrowers with initial disclosure of applicable information about their consumer credit contracts. Warning letter 2017
My Tax Agent Limited t/a Savvy Tax Agent Fair Trading Act 36L My Tax Agent Limited (trading as Savvy Tax Agent) was warned for likely breaching section 36L of the Fair Trading Act 1986 by failing to meet the disclosure requirements to an uninvited direct sales (UDS) agreement. The Commission remained concerned that customers are not given (and left with) a document that provides all the information required under the Act. Warning letter 2017
SB Retail Limited Fair Trading Act 28 The Commission has reasonable grounds to believe that SB Retail Limited breached section 28 of the Fair Trading Act by failing to comply with the consumer information notice requirements for used motor vehicles set out in the Consumer Information Standards (Used Motor Vehicles) Regulations 2008. Infringement – paid 2017
Impact Roofing and Plumbing Limited Fair Trading Act 13(a) Impact Roofing and Plumbing Limited was warned for likely breaching section 13(a) of the Fair Trading Act by quoting New Zealand Steels Colorsteel roofing product but supplying another roofing product. Impact admitted that their quoting process was not as accurate as it should have been. Warning letter 2017
Bikes International Ltd and Bike Retail Group Ltd t/a Bike Barn Fair Trading Act 10 Bike Retail Group Limited and Bikes International Limited pleaded guilty to 16 charges under section 10 of the Fair Trading Act for misleading consumers.Bike Barn ran various Half Price, Was/Now and Clearance Sales, which made misleading representations that bicycles were on offer at a discount from their usual price. Bike Barn also misled consumers by using “final days” wording in sale advertising as an urgent call to action to consumers that special prices were available, but were about to end, which was untrue. Judgment 2017
Reckitt Benkiser (New Zealand) Limited Fair Trading Act 10 Reckitt Benkiser (New Zealand) Limited pleaded guilty to 10 charges under section 10 of the Fair Trading Act 1986 for making representations on its website and on packaging giving the impression that the Nurofen Specific Pain range of products were specifically formulated to target a particular type of pain, when this was not the case. Judgment 2017
Baby City Retail Investments Limited t/a Baby City Fair Trading Act 30(1), 46A Baby City was ordered to pay a fine of $39,000 following admissions it had breached section 30(1) of the Fair Trading Act 1986 by supplying household cots that did not meet the mandatory safety standard. The mandatory product safety standard is established by the Product Safety Standards (Household Cots) Regulations 2005. Baby City has also entered into Undertakings with the Commission to carry out a series of testing and quality control procedures designed to ensure that all household cots Baby City supplies comply with the safety standard. Judgment and Enforceable undertakings 2017
Hitchcock Wholesale Limited Fair Trading Act 28 The Commission issued an Infringement Notice as it had reasonable grounds to believe that Hitchcock Wholesale Limited breached section 28 of the Far Trading Act by failing to comply with the Consumer Information Notice requirements for used motor vehicles set out in the Consumer Information Standards (Used Motor Vehicles) Regulations 2008. Infringement – referred to Ministry of Justice 2017
Latitude Financial Services Ltd t/a Gem Finance CCCF Act 26A Latitude Financial Services Ltd (trading as Gem Finance) was warned for likely breaching section 26A of CCCFA by failing to notify debtors within the statutory time of assignment (via sale) of their debts to Baycorp. Warning letter 2016
New Zealand Vacuum Cleaner Company Limited t/a Godfreys Fair Trading Act 36U Godfreys was ordered to pay a fine of $48,000 following admissions it had breached section 36U of the Fair Trading Act. Godfreys was a warrantor of extended warranty agreements and failed to comply with its disclosure requirements under the FTA. Judgment 2016
Barfoot & Thompson Limited Commerce Act 27 via s 30 Barfoot & Thompson Limited was ordered to pay a penalty of $2.575 million following admissions they breached s 27 via s 30 of the Commerce Act by entering into and giving effect to a price fixing agreement with four other real estate companies to pass on to vendors the cost of advertising properties on Trade Me. Judgment 2016
Harcourts Group Limited Commerce Act 27 via s 30 Harcourts Group Limited was ordered to pay a penalty of $2.575 million following admissions they breached s 27 via s 30 of the Commerce Act by entering into and giving effect to a price fixing agreement with four other real estate companies to pass on to vendors the cost of advertising properties on Trade Me. Judgment 2016
LJ Hooker New Zealand Limited Commerce Act 27 via s 30 LJ Hooker New Zealand Limited was ordered to pay a penalty of $2.475 million following admissions they breached s 27 via s 30 of the Commerce Act by entering into and giving effect to a price fixing agreement with four other real estate companies to pass on to vendors the cost of advertising properties on Trade Me. Judgment 2016
Ray White (Real Estate) Limited Commerce Act 27 via s 30 Ray White (Real Estate) Limited was ordered to pay a penalty of $2.2 million following admissions they breached s 27 via s 30 of the Commerce Act by entering into and giving effect to a price fixing agreement with four other real estate companies to pass on to vendors the cost of advertising properties on Trade Me. Judgment 2016
Property Page (NZ) Limited Commerce Act 27 via s 30 Property Page (NZ) Limited was declared to have aided, abetted, counselled or procured five real estate companies to breach s 27 via s 30 of the Act. The real estate companies entered into and gave effect to a price fixing agreement to pass on to vendors the cost of advertising properties on Trade Me. No pecuniary penalty was imposed on Property Page (NZ) Limited. Judgment 2016
Lugton’s Limited Commerce Act 27 via s 30 Lugton’s Limited was ordered to pay a penalty of $1,000,000 following admissions they breached s 27 via s 30 of the Commerce Act by entering into and giving effect to a price fixing agreement with four other real estate companies to pass on to vendors the cost of advertising properties on Trade Me, and to take down existing Trade Me listings. Judgment 2016
ANZ Cars Limited Fair Trading Act 28 The Commission has reasonable grounds to believe that ANZ Cars Limited breached section 28 of the Fair Trading Act by failing to comply with the consumer information notice requirements for used motor vehicles set out in the Consumer Information Standards (Used Motor Vehicles) Regulations 2008. Infringement – paid 2016