Buying Pets: Are Animals Considered 'Goods' Under New Zealand Consumer Law?
When purchasing a pet in New Zealand, consumers have certain rights and protections under consumer law, particularly the Consumer Guarantees Act 1993 (CGA) and the Fair Trading Act 1986 (FTA). These laws aim to ensure fair trading practices and that goods and services meet certain standards.
Are Animals Considered 'Goods' Under the Consumer Guarantees Act 1993?
Yes, for the purposes of consumer law in New Zealand, animals purchased from a business are generally considered 'goods'. The Consumer Guarantees Act 1993 defines 'goods' broadly as personal property of every kind, whether tangible or intangible, other than money and choses in action [Source: Consumer Guarantees Act 1993, s 2(1)]. This definition is wide enough to include live animals.
The CGA applies when a consumer purchases goods from a supplier in trade.
- A consumer is defined as a person who acquires goods or services of a kind ordinarily acquired for personal, domestic, or household use or consumption, and does not acquire them for the purpose of resupplying them in trade, or consuming them in the course of a process of production or manufacture, or repairing or treating other goods or fixtures on land [Source: Consumer Guarantees Act 1993, s 2(1)]. This typically includes individuals buying a pet for their household.
- A supplier is a person who is 'in trade' and supplies goods or services to a consumer [Source: Consumer Guarantees Act 1993, s 2(1)]. This means the CGA primarily applies to purchases from pet shops, breeders operating as a business, or other commercial sellers, and generally not to private sales between individuals.
Consumer Guarantees Applying to Pet Purchases
When a pet is purchased from a supplier in trade, it comes with several guarantees under the CGA:
- Guarantee as to acceptable quality: Goods must be of acceptable quality [Source: Consumer Guarantees Act 1993, s 6]. A pet is of acceptable quality if it is, among other things, fit for all the purposes for which goods of that type are commonly supplied, acceptable in appearance and finish, free from minor defects, safe, and durable [Source: Consumer Guarantees Act 1993, s 7(1)]. When assessing acceptable quality for a pet, the nature of the pet, the price, any statements made about the pet, and representations on any packaging or label are considered [Source: Consumer Guarantees Act 1993, s 7(2)]. For a pet, this typically means it should be healthy, free from significant undisclosed illnesses or genetic conditions, and fit for the general purpose of being a companion animal at the time of purchase.
- Guarantee as to fitness for particular purpose: If a consumer makes known to the supplier a particular purpose for which the pet is being acquired, the pet must be reasonably fit for that purpose [Source: Consumer Guarantees Act 1993, s 8(1)]. For example, if a consumer specifies they want a dog for agility training, and the supplier assures them a particular puppy is suitable, it should be fit for that specific activity.
- Guarantee that goods comply with description: The pet must correspond with any description applied to it [Source: Consumer Guarantees Act 1993, s 9]. This means if a pet is advertised as a specific breed, age, or gender, it must be so.
- Guarantee that goods comply with sample or demonstration model: If the pet was sold by reference to a sample or demonstration, the bulk of the goods must correspond with the sample or demonstration model in quality and character [Source: Consumer Guarantees Act 1993, s 10].
- Guarantee as to price: The consumer is not liable to pay to the supplier more than a reasonable price for the goods if the price was not determined at the time of supply [Source: Consumer Guarantees Act 1993, s 11].
Remedies for Breaches of Consumer Guarantees
If a pet does not meet one or more of these guarantees, the consumer may have remedies depending on whether the failure is minor or major.
- Minor failure: If the failure can be remedied, the supplier may choose to remedy the failure within a reasonable time, replace the pet, or refund the purchase price [Source: Consumer Guarantees Act 1993, s 19].
- Major failure: A major failure occurs if the goods would not have been acquired by a reasonable consumer fully aware of the nature and extent of the failure, or if the goods are substantially unfit for a common purpose and cannot be easily remedied to fit that purpose, or if they are unsafe [Source: Consumer Guarantees Act 1993, s 21]. In the case of a major failure, the consumer can reject the pet (return it and obtain a refund or a replacement of the same type and value) or obtain compensation for any reduction in value of the pet [Source: Consumer Guarantees Act 1993, s 22, s 23].
Consumers may also be entitled to compensation for any loss or damage (other than the loss or damage through reduction in value of the goods) resulting from the failure, provided it was reasonably foreseeable [Source: Consumer Guarantees Act 1993, s 27]. For a pet, this could potentially include veterinary costs incurred due to an undisclosed illness that makes the pet not of acceptable quality.
Fair Trading Act 1986 and Pet Purchases
The Fair Trading Act 1986 (FTA) prohibits misleading and deceptive conduct and false representations by businesses in New Zealand. It applies broadly to persons 'in trade', which includes individuals or businesses selling pets [Source: Fair Trading Act 1986, s 2(1) definition of 'in trade'].
- Misleading or deceptive conduct generally: No person may, in trade, engage in conduct that is misleading or deceptive or is likely to mislead or deceive [Source: Fair Trading Act 1986, s 9]. This means a seller of pets must not make claims or omissions that could mislead a potential buyer about the pet's health, breed, temperament, age, or any other characteristic.
- False or misleading representations: The FTA specifically prohibits false or misleading representations about goods [Source: Fair Trading Act 1986, s 13]. This includes making false representations regarding:
- The nature, characteristics, suitability, or quantity of the goods [Source: Fair Trading Act 1986, s 13(a)].
- The history or previous use of the goods [Source: Fair Trading Act 1986, s 13(c)].
- That goods have certain performance characteristics, accessories, uses, or benefits [Source: Fair Trading Act 1986, s 13(g)].
For pet sales, this means a seller cannot falsely claim a pet is of a certain breed, is vaccinated, is a specific age, or has a particular temperament if these claims are untrue. Breaching the FTA can lead to pecuniary penalties [Source: Fair Trading Act 1986, s 40].
When to Seek Independent Legal Advice
Navigating consumer rights, especially concerning living beings, can be complex. For specific guidance on individual situations, understanding the application of the Consumer Guarantees Act 1993 or the Fair Trading Act 1986, or exploring available remedies, it is recommended to seek independent legal advice. Information on legal assistance can be found through official bodies such as Community Law Centres, which provide free legal advice to those who qualify. Community Law Centres