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New Zealand — Fair Trading Act uninvited direct sales and unfair contract terms

NationalNZRead off primary law

New Zealand

Rule id
subscription.nz-fta
Version
1.0.0
In force from
June 17, 2014
Last read against its sources
August 5, 2026
Countries bound
New Zealand

In plain language

What this regime says.

New Zealand gives a five-working-day cancellation right for uninvited direct sales — not for website signups you initiated — plus an unfair-contract-terms regime enforced by the Commerce Commission and a cheap Disputes Tribunal that recovers money.

Who is covered

Consumers in New Zealand.

What you get

Cancellation of an uninvited direct sale agreement, unenforceability where the trader failed to disclose, and a Disputes Tribunal order.

Where claims go wrong

  • Claiming the five-working-day right for a subscription you signed up to yourself online. It does not apply.
  • Expecting the Commerce Commission to recover your money. Use the Disputes Tribunal.

Authority

Every citation,
with its pinpoint.

A claim that cites “EU law” gets filed. A claim that cites Article 7(1)(c) gets answered. These are the exact coordinates this entry rests on.
  1. Fair Trading Act 1986, ss. 36K–36U and s. 26AFair Trading Act 1986 (New Zealand)ss. 36K–36U — uninvited direct sale agreements and the consumer's right to cancel within 5 working days; s. 26A — unfair contract terms in standard form consumer contracts
  2. Fair Trading Act 1986, s. 9Fair Trading Act 1986 (New Zealand)s. 9 — no person shall, in trade, engage in conduct that is misleading or deceptive or is likely to mislead or deceive

Sources

Where a figure is indexed, converted or published by a regulator rather than fixed in the instrument, the provenance is recorded separately. Anything marked as a modelled estimate is exactly that — a model, not a statutory number.

What it imposes

Clocks, defences and the ladder.

A rule module builds these while it evaluates, because a limitation period depends on which forum is open to you. What follows is the structure this regime produces — deliberately with no dates and no figures, because those belong to your facts rather than to the law.

The clocks it starts

  • New Zealand: withdrawal window (5 business days)Sections 36K to 36U of the Fair Trading Act give a consumer five working days to cancel an uninvited direct sale agreement, running from the day the consumer receives a written copy of the agreement. Where the trader did not supply a compliant written agreement — one that discloses the right to cancel — the agreement is not enforceable against the consumer at all. It reaches: uninvited direct sale agreements — where the trader approached you at home, by telephone or in another place that is not their business premises, and you did not invite the approach. It does NOT reach an ordinary website signup you initiated.Fair Trading Act 1986, ss. 36M and 36N — s. 36M — right to cancel within 5 working days; s. 36N — the effect of non-compliance with the disclosure requirementsFiling window
  • General civil limitation period (varies — check locally)Limitation periods for consumer contract claims in the countries in this file range from about one year to ten and are not something we state per country. Two years is shown as a prompt to check, not as the law. A continuing course of charges usually restarts the clock, so a subscription still billing is rarely out of time.Limitation period

What it entitles you to, beyond money

  • Cancellation, effective from the date of your noticeSend a dated written cancellation naming the account, the subscription and the date you want it to end, and keep the proof. Say in terms that any further charge is unauthorised — that sentence is what turns the next debit into a payment dispute you can win without arguing about the subscription at all.ss. 36K–36U — uninvited direct sale agreements and the consumer's right to cancel within 5 working days; s. 26A — unfair contract terms in standard form consumer contracts
  • Revocation of the payment authority with your bankDo not rely on the merchant to stop billing. Tell the card issuer or bank to cancel the recurring authority and to block further authorisations from that merchant descriptor. This works even where the merchant is unresponsive and even where it is abroad.

What the other side will say

Each of these is a refusal this regime lets a counterparty attempt, paired with the answer to it. Reading them before you write is worth more than any amount of polish on the letter itself.

"You agreed to the terms, which set out the renewal"

high likelihood

The trader points at a terms page or a single acceptance checkbox at signup.

What answers it

Acceptance of general terms is not the same as informed consent to an automatic renewal, and in most of these jurisdictions the renewal term has to be presented clearly and close to the point of consent rather than behind a link. Ask the trader to produce the actual screen you were shown, with the date. If it produces today's checkout flow rather than the one in force when you signed up, say so.

Fair Trading Act 1986, ss. 36K–36U and s. 26A — ss. 36K–36U — uninvited direct sale agreements and the consumer's right to cancel within 5 working days; s. 26A — unfair contract terms in standard form consumer contracts

"Cancellation has to be done by telephone"

high likelihood

The trader accepts online signups and insists on a phone call, a physical letter or an in-person visit to cancel.

What answers it

This jurisdiction regulates the exit as well as the entry. A trader that lets you subscribe in one click and requires a phone call to leave is not complying, and the mismatch between the two journeys is the whole of the complaint. Describe both journeys, in order, in your letter and in the regulator complaint.

Fair Trading Act 1986, ss. 36K–36U and s. 26A — ss. 36K–36U — uninvited direct sale agreements and the consumer's right to cancel within 5 working days; s. 26A — unfair contract terms in standard form consumer contracts

"You have to give a notice period, so the next charge stands"

medium likelihood

The trader accepts the cancellation but insists on a further billing cycle under a notice clause buried in the terms.

What answers it

Ask for the clause, by number, and ask when and how it was brought to your attention. A notice period that was not clearly disclosed before you contracted is vulnerable as an unfair term in most of these jurisdictions, and a notice period longer than the billing cycle itself is vulnerable almost everywhere. Pay nothing pending the answer and revoke the payment authority.

"We are established abroad, so your consumer law does not apply"

medium likelihood

The trader is incorporated elsewhere and says the contract is governed by the law of its own seat.

What answers it

A choice-of-law clause in a consumer contract does not usually deprive a consumer of the protection of the mandatory rules of the country they live in, and a trader that directs its activities at consumers in a country generally answers to that country's consumer regulator. Say where you live, say that you contracted from there, and copy the regulator named in this result. Meanwhile the payment route works regardless of governing law.

Where to take it next

  1. Written cancellation and refund demand to the traderOne document: cancel, demand refund of anything taken after your first cancellation attempt, cite the instrument named in this result, and give a short deadline. Ask for written confirmation of the cancellation date — that document is what every later step needs.Claim directtypically 14 days
  2. Card dispute for the post-cancellation chargesRun this in parallel rather than afterwards. Scheme dispute windows are commonly 120 days from the charge, which is shorter than any consumer-protection route, and a reversal obtained here does not prejudice the rest of the claim.Claim directtypically 45 days
  3. The Commerce CommissionThe Commission enforces the Fair Trading Act and applies for unfair-term declarations. It does not obtain refunds for individuals — the Disputes Tribunal does that. It builds cases from patterns rather than resolving individual complaints, so file it — subscription traps are exactly the kind of pattern regulators act on — but pursue the money by the other routes.Regulatorofficial page
  4. The Disputes TribunalBinding on themNew Zealand's Disputes Tribunal hears consumer claims below a monetary limit, without lawyers, for a modest filing fee, and its orders are enforceable. A Fair Trading Act claim can be brought there. It is the route that recovers the money.Small claimstypically 60 daysofficial page

Documents

What this regime can produce.

Every one of these is a document you send yourself, in your own name. Duesday never writes to anybody on your behalf and is never anyone’s agent.

The same claim type elsewhere

EU Consumer Rights Directive — withdrawal, order-button and inertia-selling rulesEUSupranational30 countriesDirective 2011/83/EU (Consumer Rights Directive)Confidence: highNorway — Angrerettloven right of withdrawalNONationalNorwayLov om opplysningsplikt og angrerett (angrerettloven), LOV-2014-06-20-27Confidence: highRussia — Consumer Rights Protection Law arts. 26.1 and 32RUNationalRussiaЗакон РФ от 07.02.1992 № 2300-1 «О защите прав потребителей», ст. 32Confidence: mediumSwitzerland — Code of Obligations right of revocation (and the online gap)CHNationalSwitzerlandSwiss Code of Obligations, arts. 40a–40fConfidence: mediumTürkiye — Law 6502 distance contracts and the Subscription Contracts RegulationTRNationalTürkiyeTüketicinin Korunması Hakkında Kanun No. 6502, arts. 48 and 52Confidence: mediumUK Consumer Contracts Regulations 2013 (and the not-yet-commenced DMCCA subscription regime)GBNationalUnited KingdomConsumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (SI 2013/3134)Confidence: highCalifornia Automatic Renewal Law (Bus. & Prof. Code §§ 17600-17606, as amended by AB 2863)US-CASub-nationalUnited StatesCalifornia Business and Professions Code §§ 17600-17606Confidence: highCanada — provincial consumer protection acts and the federal Competition ActCANationalCanadaLoi sur la protection du consommateur, RLRQ c. P-40.1 (Quebec)Confidence: medium

Other rights in the same countries

Does this one reach your facts?

The engine runs every regime that could apply at once and reconciles them, rather than making you guess which page to read.

Not a law firm. Not legal advice. You send it yourself. This page describes a law; it is not advice about your situation and no outcome is promised.