Consumer and Marketing Law

Home Expertise Consumer and Marketing Law

Confidence to thrive

In the age of social media, breaches of consumer or marketing law can rapidly do major reputational damage to businesses and why having a deep understanding of the issues around consumer and marketing law is essential.

Businesses, both in New Zealand and overseas, need advice on a wide range of areas in this field, including advertising, communications, ambush marketing, social media, trade practices, product recalls and consumer contracts. Our team brings together specialists from a variety of backgrounds to deliver a legally meticulous and commercially-aware service to clients.

Our lawyers are regularly asked to speak at domestic and international conferences on consumer law issues, and provide training to some of New Zealand’s leading companies on these matters.

We work alongside our clients to prevent consumer law problems arising or help resolve them if they occur, combining corporate advisory and litigation expertise, with sound pragmatism to ensure our clients achieve their strategic goals.

We advise on all aspects of consumer law, including:

  • the Fair Trading Act.
  • the Consumer Guarantees Act.
  • the Privacy Act.
  • the Gambling Act.
  • the Advertising Standard Authority's Advertising Codes of Practice.

We provide expert representation in court proceedings in relation to such matters (for example, injunction proceedings in respect of advertising campaigns), and specialise in drafting terms and conditions for businesses selling goods and services to consumers.

Our team can provide advice to firms facing, or potentially facing, investigations and prosecutions by New Zealand's Commerce Commission, the Electricity and Gas Complaints Commissioner, the Department of Internal Affairs, the Ministry of Primary Industries and the Ministry of Business, Innovation and Employment.

Our experience includes:

  • Acting as counsel in some of New Zealand's leading consumer and marketing law cases, including Godfrey Hirst v Cavalier Bremworth and Department of Internal Affairs v TVWorks.
  • Acting on a range of New Zealand's highest profile regulatory investigations and prosecutions.
  • Assisting businesses to respond to Commerce Commission investigations under the Fair Trading Act and the Credit Contracts and Consumer Finance Act.
  • Advising on injunction proceedings in relation to the Fair Trading Act /Consumer Guarantees Act, including in the carpet, food and beverage, telecommunications, banking and electronic retail industries.
  • Regularly advising on and preparing consumer law compliance programmes.
  • Drafting and advising on consumer terms and conditions, and on New Zealand’s unfair contract terms regime.
  • Advising on the jurisdiction of the Electricity and Gas Complaints Commissioner.
  • Appearing at Advertising Standards Authority hearings.
  • Providing litigious and non-litigious advice in relation to all forms of intellectual property, including trademarks, designs and copyright.
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