Problem solver
- Problem solver introduction
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Use our problem solver to find out your rights. Then click on the link to get more information and advice about how to solve your problem.
Goods
Services
Shopping
Credit and debt
Motor vehicles
If the problem is minor you can ask the seller to fix it. The seller must choose between repairing the goods, replacing them, or giving you a refund. If the problem is serious you can choose a refund, replacement or compensation.
You don't actually have the right to return goods unless you had an agreement with the shop that you can. But you can always try. If the goods are in the same condition you bought them in you can ask the shop is you can exchange them for something else in the shop. But be prepared for them to say no.
The Fair Trading Act makes it illegal for traders to mislead consumers, give you false information, or use unfair trading practices. If you have been misled or deceived you may be able to claim compensation.
The Act applies to advertising and selling of goods (both new and second hand), auctions and commercial sales. But it doesn't cover private sales, for example buying something at a garage sale.
If the shop told you about their return policy before you bought the goods then this is part of your contract with them and they must follow the policy. Also if you asked if you could return goods if they weren't suitable and they agreed then this is also part of your contract.
If you think you have been sold a short amount you can: ask the seller to re-weigh or measure the goods in front of you, tell the seller you believe they have sold you short weight or measure, check to see whether the scale or petrol pump has a current certificate of accuracy. You can rely on scales and pumps that have a current certificate.
If you have a safety problem with a product you can report it to the Ministry of Consumer Affairs. Under the Consumer Guarantees Act you can get a refund, replacement or compensation if goods are unsafe.
Goods sold by a trader are covered by the Consumer Guarantees Act.
You can find out more about goods by checking out our information on:
- Goods
- Faulty goods
- Second-hand goods
- Commercial goods
- Motor vehicles
- Product safety
- Keeping kids safe
- Weights and measures
- Fuel quality
- Consumer Guarantees Act
Or use the search function at the top of this page to type in your problem.
The quote is a contract between you and the seller. You don’t have to pay more than the quoted amount. You can send the seller only the amount quoted with a note to explain why. You may want to add ‘banking this payment will be considered full and final settlement of the bill”. If the seller has possession of your goods and you can’t agree on a fair price, then it might be best to pay the full amount to take the goods away. You can go to the Disputes Tribunal to try to get the extra money back later.
Under the Consumer Guarantees Act the seller must complete the work with reasonable skill and care, and within a reasonable time and at a reasonable price. You can find out what is reasonable by asking other sellers how much the work should cost, and how long it should take.
The Fair Trading Act makes it illegal for traders to mislead consumers, give you false information, or use unfair trading practices. If you have been misled or deceived you may be able to claim compensation.
The Act applies to advertising and servcies, auctions and commercial sales. But it doesn't cover private sales.
Try to sort out the problem with the trader first. If it fixable, then you need to give the tradesperson a chance to fix it at no cost to you. If it’s a serious problem, or one that can’t be fixed, you can cancel the work and refuse to pay, or arrange with the tradesperson to pay a lower price.
If you don’t want to pay the full amount for the repairs you might have trouble getting the item back from the repairer. You might not want to pay the full amount because you didn’t ask for some of the repairs, or because you don’t think the repair was good enough. You can try negotiating a lower price with the repairer or you can agree to pay part or the full amount to get the item back and then go to the Disputes Tribunal to decide on the complaint. Tell the repairer in writing that you are paying “without prejudice” which means that you do not accept the amount charged.
If you don’t collect and pay for your repaired item then the repairer can sell it. Repairers can hold items until they get the payment but if they don’t hear from you after two months then they can sell the item.
Services provided by a trader are covered by the Consumer Guarantees Act.
You can find out more about services by checking out our information on:
- Services
- Unsatisfactory services
- Quotes and estimates
- Repair services
- Unauthorised work
- Contracts
- Banking
- Electricity and gas
- Moving and transporting goods
- Insurance
- Consumer Guarantees Act
Or use the search function at the top of the pages to type in your problem.
You don’t have to say why you want to cancel. Just fill in the notice of cancellation and send it to the seller. Or if you don’t have the notice of cancellation, write to the seller and say that you are cancelling.
A voucher is like cash, so if you lose it, it’s gone. The store doesn’t have to replace it. But if the voucher had been made out specifically to you and is not transferable then the store might have to replace the voucher. Check the terms of the voucher, or ask the store.
The Fair Trading Act makes it illegal for traders to mislead consumers, give them false information, or use unfair trading practices. This law is enforced by the Commerce Commission.
After the sale is completed a trader can’t ask a consumer to pay the extra amount, unless the consumer knew that there was a mistake about the price and the price was considerably less than it should have been.
You can choose to buy the item at the price they are asking for, or you can choose to try somewhere else. If you have agreed to pay for something (for example, you are getting something made especially for you), but you didn’t agree on a price before the work was started, then the final price should be reasonable.
Some ways of setting prices are illegal, like price fixing, or resale price maintenance. Price fixing is when which is when competing traders agree to control, fix or maintain the prices for the goods or services that they supply. Resale price maintenance is when a supplier sets a minimum price that a retailer can sell their goods for.
You can find out more about your rights with shopping by checking out our information on:
Or use the search function at the top of the pages to type in your problem.
If you are having trouble paying debts you have some options including asking for hardship conditions. You can discuss your options with a budget advisor.
Repossessions are only legal if they follow an exact process and you gave the creditor the right to repossess in your contract.
Under the Credit Reporting Privacy Code you have the right to have your information recorded correctly. Make a written application to the agency for the incorrect information to be corrected.
Before you borrow money or buy something on credit (hire purchase) ask these questions:
How much is the interest rate?
What’s the total amount I will be paying back?
What is being used as security?
How much are the fees?
Do you need to get insurance?
What will happen if I miss a payment?
Compare these answers with another company to see if you can get a better deal.
You have at least three days to cancel the credit but you can't always cancel the purchase.
Find out more about what to think about before you borrow money.
You can find out more about your rights with credit and debt by checking out our information on:
Before you borrow money - 10 questions to ask
Your credit contract
Cancellation
Hardship
Early repayments
Debt collection
Repossession
Guarantors
Oppression
Or use the search function at the top of the pages to type in your problem.
You may have rights under the Consumer Guarantees Act if you bought a new or used motor vehicle from a licensed or unlicensed dealer. If you bought the car privately or by auction you are not covered but you may have other options for solving the problem.
If a trader has made a false or misleading representation, and you have suffered loss as a result of that representation, you may be able to claim compensation from the trader.
Find out more about misleading information about motor vehicles.
If you buy from a motor vehicle trader and they don't tell you about the security interest (that money is owing on the car) then the creditor must get the money from the dealer and not you. If a security interest is disclosed, then the finance company has rights over the vehicle.
If you buy through an auction, at a car yard, or privately then you may not be protected.
Odometer readings on used vehicles in New Zealand may be unreliable. There is always a chance with any used vehicle that the odometer may have been tampered with.
![[link to the Ministry of Business, Innovation, and Employment website].](http://www.consumeraffairs.govt.nz/images/MBIE-white-space.png)
