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Consumer & Marketing Law

Confidence to thrive

In the age of social media, a deep understanding of consumer and marketing issues is essential. Breaches of consumer and marketing law can rapidly do major reputational damage to businesses and lead to regulatory prosecutions and class actions – what might seem like a low-profile, misleading advertisement or promotion can have significant repercussions.

Our team provide fast, commercially savvy advice on day-to-day consumer and marketing law issues, including reviewing advertisements, warranties, terms and conditions, promotions, customer claims under the Fair Trading Act or Consumer Guarantees Act, social media, trade practices and product recalls. We also advise on all areas of unconscionability and New Zealand's unfair contract term regime.  

When things go wrong, our team are recognised experts in engaging with regulators and defending our clients in regulatory prosecutions and competitor claims. We have acted in some of New Zealand's leading civil and criminal cases in this regard. In doing so, our team brings together specialists who deliver meticulous and commercial legal service to clients.

Expertise

Combining our corporate advisory, intellectual property, privacy and litigation expertise, we work alongside clients to prevent problems arising or help resolve issues if they occur.

We advise on all aspects of consumer and marketing law, including:

  • the Fair Trading Act
  • the Consumer Guarantees Act
  • the Privacy Act
  • the Gambling Act (which covers promotions and sales promotion schemes)
  • the Advertising Standard Authority's Advertising Codes of Practice.

Where issues arise, our experienced litigators represent clients in court proceedings (substantive and interim injunctions) and Advertising Standard Authority hearings.

Additionally, our team provides advice to businesses 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
  • the Ministry of Business, Innovation and Employment.

Experience

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 finance, media and electronic retail industries.
  • Regularly advising on and preparing consumer law compliance programmes.
  • Drafting and advising on consumer terms and conditions, including for compliance with New Zealand’s unfair contract terms regime.
  • Appearing at Advertising Standards Authority hearings.
  • Providing litigious and non-litigious advice in relation to all forms of privacy, data protection and intellectual property, including confidential information, trade marks, designs and copyright.

Awards & Recognition

In 2021, the Consumer & Marketing Law team was recognised as 'Highly Recommended' for Consumer Law and 'Recommended' for Media Entertainment by Asia Law profiles. Our experts are also ranked in the Legal500 Asia Pacific Directories as 'Tier 1' for Technology, Media and Telecommunications, and Data Protection. Partner Joe Edwards is recognised as a 'Best Lawyer' in Advertising Law, Intellectual Property Law and Privacy and Data Protection law.