Skip to main content

Disclaimer: Educational purposes only. Not legal advice. Consult a qualified NZ legal practitioner for your specific circumstances.

SimplifiedLaw.co.nz
consumer

Right to repair: Are manufacturers required to fix locked electronics?

Key Takeaway

In New Zealand, while there isn't a broad 'right to repair' law, manufacturers must ensure repair facilities and parts for goods are available for a reasonable period under the Consumer Guarantees Act 1993. The Fair Trading Act 1986 prohibits misleading conduct regarding repairability, meaning manufacturers cannot falsely represent repair services or parts availability for 'locked' electronics.

Consumer Rights and the Repair of Electronics in New Zealand

New Zealand consumer law provides certain protections and guarantees regarding goods and services, which can be relevant to the repair of electronic devices, including those described as 'locked electronics'. The primary legislation governing these rights is the Consumer Guarantees Act 1993 (CGA) and the Fair Trading Act 1986 (FTA).

The Consumer Guarantees Act 1993 (CGA)

The CGA establishes a set of minimum guarantees that goods and services must meet when supplied to a consumer (an individual who acquires goods or services of a kind ordinarily acquired for personal, domestic, or household use or consumption, and not 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 in trade) [Source: Consumer Guarantees Act 1993, s 2(1)]. These guarantees apply automatically and cannot be contracted out of for goods and services ordinarily bought for personal use.

Guarantee as to Acceptable Quality

Goods sold to a consumer must be of acceptable quality [Source: Consumer Guarantees Act 1993, s 6]. This means they must be [Source: Consumer Guarantees Act 1993, s 7(1)]:

  • Fit for all the purposes for which goods of that type are commonly supplied.
  • Acceptable in appearance and finish.
  • Free from minor defects.
  • Safe.
  • Durable.

Assessing acceptable quality takes into account factors such as the nature of the goods, their price, any statements made about them, and representations on packaging or labels [Source: Consumer Guarantees Act 1993, s 7(2)]. If an electronic device, due to its design or 'locked' nature, fails prematurely or cannot be reasonably repaired within its expected lifespan, it might not meet the guarantee of durability.

Guarantee as to Repairs and Spare Parts

A manufacturer (a person who manufactures or assembles goods; or who imports goods into New Zealand if the person is not the manufacturer; or who holds themselves out to the public as the manufacturer of goods; or who applies or permits the application of their name, brand, or mark to goods) guarantees that facilities for the repair of the goods and the supply of parts for the goods will be available for a reasonable period after the goods are supplied [Source: Consumer Guarantees Act 1993, s 12(1)]. This guarantee is crucial for the 'right to repair' discussion regarding electronic devices.

The 'reasonable period' depends on the nature of the goods. For complex electronics, this might imply an expectation that parts and repair services remain available for several years. There are exceptions, such as if the manufacturer gives written notice to the consumer, at or before the time the goods are supplied, that repair facilities and parts will not be available or will be available only for a specified period [Source: Consumer Guarantees Act 1993, s 12(2)].

Remedies under the CGA for Manufacturers

If a manufacturer fails to comply with a guarantee, the consumer may generally [Source: Consumer Guarantees Act 1993, s 27]:

  • Recover damages for any reduction in the value of the goods. This means the consumer can claim the difference between the price paid and the value of the goods at the time of supply, due to the failure.
  • Recover damages for any loss or damage to the consumer resulting from the failure, provided that the loss was reasonably foreseeable as liable to result from the failure.

These remedies apply when a failure cannot be remedied or is of a substantial character (i.e., it makes the goods unfit for their common purpose, or unsafe, or they depart significantly from description/sample, or the consumer would not have acquired them if they knew of the defect) [Source: Consumer Guarantees Act 1993, s 21, s 23(2)].

The Fair Trading Act 1986 (FTA)

The FTA aims to protect consumers from misleading and deceptive conduct and unfair trading practices. It applies to all persons in trade, including manufacturers and suppliers of electronic goods.

Misleading and Deceptive Conduct Generally

No person shall, 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 is a broad prohibition. If a manufacturer promotes an electronic device as durable, long-lasting, or easily repairable, but then employs design choices (e.g., 'locking' mechanisms, proprietary parts, non-removable batteries) that make independent or affordable repair impossible, this could potentially be considered misleading conduct if not adequately disclosed.

False or Misleading Representations

The FTA specifically prohibits false or misleading representations regarding various aspects of goods and services [Source: Fair Trading Act 1986, s 13]. Relevant to 'locked electronics' and repair, this includes representations concerning:

  • The standard, quality, value, grade, composition, style, or model of goods [Source: Fair Trading Act 1986, s 13(a)].
  • The existence, exclusion, or effect of any condition, warranty, guarantee, right, or remedy [Source: Fair Trading Act 1986, s 13(l)].
  • The availability of facilities for the repair of goods or the supply of spare parts for goods [Source: Fair Trading Act 1986, s 13(g)].

If a manufacturer or supplier makes representations about the availability of repair services or parts, and those representations are false or misleading (e.g., by implying easy repair when the device is designed to prevent it), they could be in breach of the FTA.

Application to 'Locked Electronics'

The term 'locked electronics' typically refers to devices where manufacturers implement design or software barriers that restrict repair by independent technicians or consumers, often by using proprietary parts, special tools, or software authentication. While New Zealand law does not explicitly mandate a 'right to unlock' or provide specific 'right to repair' legislation as seen in some other jurisdictions, the existing CGA and FTA provisions can address issues arising from such practices.

  • CGA s 12: Manufacturers are required to make repair facilities and parts available for a reasonable period. If a manufacturer's 'locking' practices effectively make repair facilities or parts unavailable, or only available at prohibitive costs or through a limited, controlled supply chain, this could constitute a breach of this guarantee. The definition of a 'reasonable period' is key and will vary depending on the product.
  • CGA s 6: If 'locked' designs inherently lead to a shorter lifespan or make a device prone to irreparable failure, it may not meet the guarantee of acceptable quality, particularly concerning durability.
  • FTA s 9 & 13: If a manufacturer markets a device in a way that suggests easy repair or long-term support, but then uses 'locking' mechanisms that contradict these claims without clear disclosure, it could be considered misleading conduct. Misleading statements about the availability of parts or repair facilities are specifically prohibited.

In summary, while there isn't a direct statutory 'right to repair' forcing manufacturers to provide specific unlocking mechanisms, consumers in New Zealand have rights under the CGA regarding the availability of repair facilities and parts, and under the FTA regarding misleading representations about repairability.

When to Seek Independent Legal Advice

Individuals seeking to understand their specific rights and options concerning consumer guarantees, unfair trading practices, or disputes with manufacturers or suppliers should consider obtaining independent legal advice. The information provided here is for general informational purposes only and does not constitute legal advice. Organisations such as the Citizens Advice Bureau, Community Law Centres, and legal professionals can provide tailored guidance. For free legal advice, individuals may contact Community Law Centres.

Key Resources