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1Examples of consumer problems
This page describes a range of consumer problems and suggested answers in terms of the Fair Trading and Consumer Guarantees Acts.
http://www.consumer.org.nz/reports/consumer-guarantees-act/your-questions-answered
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2Do you know your rights? Take this quiz.
A 10 question quiz on consumer rights.
http://www.consumer.org.nz/reports/consumer-rights-quiz/take-the-quiz
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3Answers to the quiz on page 2
Problems and answers are provided at this link
http://www.consumer.org.nz/reports/consumer-rights-quiz/quiz-answers
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4Goods - Consumer Affairs
Faulty Goods, Second-hand Goods, Commercial Goods, Product Safety , Warranties, Unsolicited Goods,
http://www.consumeraffairs.govt.nz/for-consumers/goods
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5Goods and Services - what they mean
Goods
It includes all types of personal and real property, except money.
Services
Covers everything other than goods or money, for example, TV repairs, doctor's services and gardening services.
Together, goods and services are all things that can be supplied for a consideration.
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6Buying Goods and Services
Know your rights and how to make a complaint.
http://www.consumer.org.nz/category/legal-rights/buying-goods-services
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7Buying Goods and Services in New Zealand
Commerce Commission Fact Sheets
http://www.comcom.govt.nz/buying-goods-and-services-in-new-zealand-know-your-rights/#top
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8Fair Trading Act 1986 - Consumer
Your rights, Product safety, Common problems, Making a complaint.
http://www.consumer.org.nz/reports/fair-trading-act
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9Consumer Guarantees Act 1993
What it covers, The guarantees Putting it right
http://www.consumer.org.nz/reports/consumer-guarantees-act
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10Credit Contracts and Consumer Finance Act 2003
Consumer rights
http://www.comcom.govt.nz/consumer-credit-fact-sheets/
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11Credit Contracts and Consumer Finance Act 2003 - Consumer
Borrowers Rights
http://www.consumer.org.nz/reports/borrowers-rights
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12The difference between the Fair trading Act and the Consumer Guarantees Act
The difference between the Fair Trading Act (FTA) and the Consumer Guarantees Act (CGA) is that, generally, the Fair Trading Act covers claims about goods and services BEFORE they are sold and the Consumer Guarantees Act covers the quality of those goods and services AFTER they have been sold.
http://www.jogtheweb.com/run/PNwcTD1xwNzE/Consumer-Problems-and-Ways-to-Resolve-Them
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13Quotes / Estimates and the Fair Trading Act
A fact sheet on pricing which provides an overview of the types of pricing techniques a business might use when promoting goods or services. It is designed to give both businesses and consumers an understanding of how the Fair Trading Act applies to pricing.
http://www.comcom.govt.nz/pricing/
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14Some other useful sites
http://www.ns.org.nz/21.html
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15And one more
http://www.cab.org.nz/vat/consumer/bcr/Pages/home.aspx
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16And the last one
http://www.thelawyers.co.nz/uploaded_images/Guides/Fair-Trading-Act---1111.pdf
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17Fair Trading Act Fact Sheets
Fact sheets produced by the Commerce Commission
http://www.comcom.govt.nz/fair-trading-act-fact-sheets/
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18Breaching the Fair Trading Act - who administers and enforces it? Who can help me?
Legal Basis – Fair Trading Act 1986 Jump to: In this section: Proposed Implementation of Mandatory Water Efficiency ... Disclaimer Achieving a Sustainable Economy Summary of The Fair Trading Act 1986 ("the Act") came into force on 1 March 1987. Its long title is described as "An Act to prohibit certain conduct and practices in trade, to provide for the disclosure of consumer information relating to the supply of goods and services, and to promote product safety". The Act basically states that a consumer must be provided information about the kind, grade, quantity, origin, performance, care, composition, contents, design, construction, use, price, finish, packaging, promotion, or supply of the goods or services used or purchased. The Fair Trading Act is administered by the Ministry of Consumer Affairs. The fair trading Act is enforced by the Commerce Commission, however, individuals and corporations can also take action under the Act. Members of the public and businesses are encouraged to contact the Commission and provide information about behaviour that appears to breach the Fair Trading Act. The Commission assesses information it receives in this way, along with information it gathers from its own market monitoring and surveillance activities, to determine the investigations that it carries out into unfair or misleading trading practices. If the Commission considers that a breach of the Act may have occurred, it has a number of options open to it for resolving each investigation. The options include prosecuting the offending business where this is considered the most appropriate action. Only the courts can give an authoritative ruling as to whether a behaviour breaches the Act and award appropriate penalties. Criminal court action may result in fines of up to $60,000 for individuals. Companies or incorporated associations may incur fines of up to $200,000. The maximum fine may be imposed for a single conviction. However, if more than one offence in respect of a contravention of the same provisions is committed at about the same time, total fines imposed cannot exceed the stated maximum. The Commission also has the right to apply to the courts for corrective advertising orders. Where it is satisfied that a business has contravened the Act, the court may order the business to: disclose information to the public generally, or to an affected section of the public; publish corrective statements. The business has to bear the costs of this remedial action. The court may grant a number of other remedial orders, including orders that: a contract be altered or made void; money be refunded; goods be repaired or services supplied. Information taken from http://www.consumeraffairs.govt.nz/legislation-policy/policy-reports-and-papers/disscussion-papers/proposed-implementation-of-mandatory-water-efficiency-labelling-discussion-document/legal-basis-2013-fair-trading-act-1986
http://www.consumeraffairs.govt.nz/legislation-policy/policy-reports-and-papers/disscussion-papers/proposed-implementation-of-mandatory-water-efficiency-labelling-discussion-document/legal-basis-2013-fair-trading-act-1986
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19Resolving a problem
If you have a problem involving the Consumer Guarantees or Fair Trading Acts or with the Credit Contracts and Consumer Finance Act firstly go back to the Trader / Contractor and discuss the problem. This provides the opportunity to have the problem resolved (fixed). Most problems can be sorted out this way.
Failing that and you don't know what to do next or how, contact the Citizes Advice Bureau (CAB). They can provide information, help fill in forms and direct you to the correct Government Agencies for further help. For more information about the CAB go to http://www.cab.org.nz/Pages/home.aspx
The Disputes Tribunal provides a mediation service where you can sit down with the Trader and try to sort out the problem to a commonly accepted solution. The mediator will help make this happen. The Dispute Tribunal is part of the District Court but does not include a judge, nor are lawyers allowed to be present. Problems involving $15,000 or less can be heard here. For more information go to http://www.justice.govt.nz/tribunals/disputes-tribunal
The Department of Consumer Affairs administers the Fair Trading Act. For more information go to http://www.consumeraffairs.govt.nz/
The Commerce Commission enforces the Fair Trading Act. For more information go to http://www.comcom.govt.nz/