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
The 123 Mart Limited Fair Trading Act 28, 30 The 123 Mart Limited was fined $337,000 after being found guilty on 17 charges under the Fair Trading Act 1986 by supplying products that failed to comply with the product safety standard and consumer information standard. Judgment 2017
Best Buy Limited CCCF Act 17, 32 Best Buy Limited was fined $83,362.50 after pleading guilty to sixteen charges under the Credit Contracts and Consumer Finance Act 2003 relating to it failure to provide key information in its initial disclosure in breach of s17 and its failure to meet disclosure standards set out under s32. Judgment 2017
Tyre HQ Limited Fair Trading Act 13(d) Tyre HQ Limited has been warned for breaching section 13(d) of the Fair Trading Act 1989 for selling tyres that were claimed to be new but were manufactured between 7 and 11 years ago. Tyre HQ Limited did not inform the consumer of the age of the tyres at the point of sale. Warning letter 2017
Budget Warehouse Limited Fair Trading Act 13(i)

CCCF Act 17
Budget Warehouse Limited was fined $100,000 after pleading guilty to breaching s17 of the CCCFA for failing to disclose all of the information required by that section; and of s13(i) of the FTA for making false or misleading representations concerning the existence or effect of any guarantee or right. Judgment 2017
Acute Finance Limited CCCF Act 41 Acute Finance Limited was fined $22,000 after pleading guilty to four charges of breaching s41 of the Credit Contracts and Consumer Finance Act 2003 by charging a fee for its repayment waiver that exceeded its reasonable costs. Judgment 2017
Kowhai Montessori Pre-School Limited and Rebecca Jayne Brindle Fair Trading Act 13(i), 40(1) Kowhai Montessori Pre-school Limited (Kowhai) was ordered to pay a fine of $254,099.10 and reparation in the amount of $11,400.90 following guilty pleas that it had breached section 13(i) of the Fair Trading Act by making false representations about the amount of funding it was receiving under the Government’s early childhood education (ECE) scheme. A former manager and director of the company, Mrs Brindle, has entered into Enforceable Undertakings to pay Kowhai’s fine and reparation order if the company fails to do so on time. Judgment and Enforceable undertakings 2017
Cash To You Loans Limited CCCF Act 17, 32, 39, 41 Cash to You was fined $28,000 after pleading guilty to 8 charges under the Credit Contracts and Consumer Finance Act 2003 relating to failing to provide key information to borrowers before they entered into consumer credit contracts and failing to provide information clearly and concisely, overcharging interest and charging an unreasonable repayment waiver fee. The company was also banned indefinitely from providing credit under s108. Judgment 2017
Topline International and Jeffrey Bernard Cook Fair Trading Act 10 Both Topline International and Jeffrey Bernard Cook pleaded guilty to breaches of section 10 of the Fair Trading Act for marketing Topline’s flagship product, NatureBee potentiated Bee Pollen (NatureBee), on the basis it was New Zealand made and/or sourced. The pollen in the product was in fact imported from China and the key step in the product’s transformation had also occurred in China. Topline was fined $405,000 and Mr Cook $121,500. Judgment 2017
MellyPop Lingerie Limited Fair Trading Act 13(i) MellyPop Lingerie Limited (trading as MellyPop) was warned for likely breaching section 13(i) of the Fair Trading Act 1986 by having a refund policy that misled consumers about their rights under the Consumer Guarantees Act 1993. Warning letter 2017
Ina Villamaria t/a IN37 Fair Trading Act 28 The Commission issued two infringement notices as it had reasonable grounds to believe that Ina Villamaria breached section 28 of the Fair Trading Act 1986 by failing to display that the person was in trade on an auction listing as required by section 28B of the Act. Infringement – paid 2017
Motor Auctions Limited t/a Autoauction Fair Trading Act 28 The Commission issued two infringement notices as it had reasonable grounds to believe that Motor Auctions Limited (trading as Autoauction) breached section 28 of the Fair Trading Act 1986 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. The Commission also issued one infringement notice for failing to display that the company was in trade on an auction listing as required by section 28B of the Act. Infringement – paid 2017
Nelson Motor Cycle Centre (2014) Ltd t/a Partsgirl Fair Trading Act 28(1) The Commission has reasonable grounds to believe that Nelson Motor Cycle Centre (2014) 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
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
North Pacific Limited Fair Trading Act 30(1) North Pacific Limited was warned for breaching section 30(1) of the Fair Trading Act 1986 by supplying baby walkers that did not meet Product Safety Standards (Baby Walkers) Regulations 2001. 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
Save My Bacon Limited CCCF Act 17 We have warned Save My Bacon Limited that it has likely breached section 17 of the Credit Contracts and Consumer Finance Act 2003 by failing to disclose to borrowers all key information applicable to consumer credit contracts as set out in Schedule 1. 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