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.

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
Sung Yub Paik trading as Healthways Products Corporation Limited Fair Trading Act 10 Trader was misrepresenting the amount of mg in a capsule of its royal jelly products and the country of origin of product. Judgment 2011
Carter Holt Harvey Limited Fair Trading Act Civil action brought by Commission where it was alleged that CHH claimed that its Laserframe timber had the structural characteristics of MGP10 timber, meaning it complied with the requirements of AS/NZS Standard 1748:1997. The Commission alleged some of the timber did not comply with the Standard. As a result of the settlement of the case CHH will make a voluntary ex gratia payment of $1.5 million to a project relating to the restoration and rebuilding of Christchurch following the earthquakes. No admissions by CHH Settlement 2011
Spazio Casa Limited Fair Trading Act 10, 13(a), 13(j) Spazio Casa made a number of false and misleading representations on its website and in brochures regarding the country of origin of a number of the products it supplied, that its products were unique and not sold by other retailers in New Zealand,and claims about price Settlement 2011
Waikato Pathology Commerce Act 27 via s 30 Anti-competitive practices concerning pathology service providers in the Waikato District Judgment (following settlement) 2010
Waste oil Commerce Act 27 via s 30 Price fixing in the waste oil industry Out of court settlement 2010
Trade Me tyres Commerce Act 27 via s 30 Collusion to raise prices for retail car tyres sold on Trade Me Out of court settlement 2010
Telecom New Zealand Limited Commerce Act 36 Alleged use of a dominant position regarding 0867 service Judgment (following hearing) 2010
Balmoral Homes Limited Fair Trading Act 13(f), 13(i), 14 Misleading representations that building contracts came with a Master Build Guarantee. Guilty pleas. Day and Jones both convicted and ordered to pay fines of $15,000 each. Total reparation ordered of $127,000 ($30,000 of which for emotional harm for 6 victims). Judgment 2010
Affinity Car Rental New Zealand Limited, Euro Car Rental New Zealand Limited, Kylee Harris, Gary Harris Fair Trading Act 13(b), 13(d), 13(f), 13(g), 13(h), 13(i) Alleged misleading representations that rental car hirers responsible for damage and that some cars were late model. Also charges levied which had not been disclosed in rental agreement. Fined a total of $37,960. $5,750 reparation to affected consumers. Judgment 2010
Prokiwi International Limited Fair Trading Act 13(j) Alleged misleading representation as to the country of origin of soap. Fined $48,000. Judgment 2010
Shim's International Limited Fair Trading Act 13(a) Alleged misleading claims on the labels of the products. Fined $6,000. Judgment 2010
Korea Health Limited and Sang Rae Kim Fair Trading Act 13(a) Alleged misleading claims on the labels of the products. Korea Health Limited fined 16,000, Sang Rae Kim fined $12,000, plus costs. Judgment 2010
GM Car Wholesalers Limited Fair Trading Act 13(a), 28(1) Alleged that trader is providing false information in CINs Settlement 2010
Propertyfinance Securities Limited, New Zealand Guardian Trust Company Limited Fair Trading Act 13(g)

CCCF Act 51
Alleged misleading representation as to the full prepayment formula applied in that the creditor stated in the disclosure it would use the safe harbour formula when in fact it applied a formula based on bank swap rates Settlement 2010
Avanti Finance Limited CCCF Act 51, 54 Alleged that creditor was charging debtors an unreasonable estimate of creditor's loss upon full prepayment of their consumer credit contracts, and made misleading representations as to the characteristics of the formula used to calculate the estimate of loss. Creditor found not guilty in District Court in 2009. Commission appeal to High Court dismissed. Judgment 2010
Sunrise Motor Group Limited and Surya Kumar Fair Trading Act 27 Trader advertised vehicle for sale on Trade Me and at car yard that was imported damaged and this information was not disclosed on CIN. Judgment 2010
Shell New Zealand Limited Fair Trading Act 10, 13(e) Alleged misleading representation re fuel economy formula Judgment – all charges dismissed 2010
Progressive Enterprises Limited Fair Trading Act 17(a) Alleged that offer made of prize with no intention to supply Judgment – Court of Appeal dismissed charges 2010
TMG Asia Pacific Pty Limited Fair Trading Act 11, 13(b), 13(g) Failure to disclose terms and conditions of text to win competition, misleading consumers. Fined $125,000, court costs $1040. Judgment 2010
Mainfeeds Limited formerly t/a PCL Industries Limited Fair Trading Act 10, 13(a) Trader produced calf feed that did not comply with nutritional specifications on packaging. Fined $125,000, court costs of $1040. Judgment 2010