Conclusion
Up one levelcommentators whose work is able to contribute to the analysis of the effectiveness of the redress and enforcement provisions of the FTA and the CGA. MCA would welcome your views and suggestions of other commentators whose work might assist the analysis.
As part of this review, the results of MCA's national consumer survey will be used to gain an understanding about the level of knowledge that consumers have of their rights under the FTA and the CGA. The survey will also seek information on consumers' use of the redress and enforcement provisions.
In MCA's national trader survey to be undertaken in the second half of 2005, traders will be asked questions about their knowledge and understanding of consumer protection legislation. They will also be asked questions about the effectiveness of the different redress and enforcement provisions in securing compliance.
Once we have some understanding of consumer awareness of their rights and why traders comply with consumer protection legislation, an analysis of the existing redress and enforcement provisions can be conducted informed by the theoretical and conceptual thinking outlined in this paper, as modified by feedback.
If there is a disjoint between the provisions and the reasons as to why traders comply, the review of consumer protection legislation in other jurisdictions (discussion paper two) may identify the options that could be considered for incorporation into New Zealand's legislation. An outcome may then be amendments to the legislation in order to make consumer protection law more effective and as a result improve the probability that consumers' reasonable transaction expectations will be met. It is likely that changes will only be suggested, however, if it is believed that different enforcement provisions will encourage a higher level of compliance among traders.
If it is found as a result of the research, that traders or consumers do not have adequate access to information on consumer protection legislation or have difficulties in applying it, this review may recommend that MCA examine different ways of providing information on consumer protection law.
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