4. Going Forward: The Essential Elements of Consumer Law
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The following table sets out at a high level the essential elements that consumer law must cover (indicated by the headings in bold in the table) and possible areas that come under each of the elements. The matters not covered in existing law are in a grey shade.
In summary, consumer law needs to be clear in terms of the outcomes or underlying principles it seeks to deliver. These may be set out in purpose statements or other statements of the objectives of the legislation.
At its core, consumer law concerns protection against:
- unfair commercial practices
- selling under duress
- unsafe products.
Consumer law also may establish protections through defining trader obligations for specific situations, such as supplying goods by weight or measure.
Consumer law also concerns the empowerment of consumers. In this regard, it should cover:
- information provision to assist consumer decision-making
- guarantees and associated enforcement provisions to enable redress when a transaction does not meet reasonable expectations.
Consumer law must also include appropriate enforcement and penalty provisions to ensure compliance.
The following sections of the report discuss those elements of consumer law that already exist and their ongoing relevance; as well as possible additional consumer law provisions. The discussion is arranged under the headings as set out in the table.
Essential elements and possible areas to be covered by consumer law
| Principles/Purpose statement(s) | |||||
| Restrictions on unfair commercial practices | Selling and duress | Product safety | Information to assist consumer decision-making | Trader obligations | Consumer guarantees |
| May not make misleading and deceptive or false representations Unfair practices prohibited e.g. bait advertising, pyramid selling Unfair contract terms may be voided May not make claims which cannot be substantiated | Door to Door Sales Direct Selling Unsolicited Goods and Services Unconscionable Conduct | Unsafe Goods Notices Product Safety Regulations | Consumer Information Standards Regulations | Layby Sales
| Consumer Guarantees Act |
| Enforcement tools | Enforcement approaches | ||||
| Criminal and Civil Penalties Court Enforceable Undertakings Banning Orders International Co-operation and Information Sharing | Commerce Commission Self-enforcement Measurement and Product Safety Service MCA | ||||
