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consumer

Spare parts and repair facilities: What must manufacturers provide?

Key Takeaway

Under New Zealand law, manufacturers must ensure spare parts and repair facilities are available for a reasonable time after goods are supplied. This obligation, found in the Consumer Guarantees Act 1993, helps consumers maintain products. Manufacturers can notify consumers if parts or repairs will not be available or are time-limited. The Fair Trading Act 1986 also prohibits misleading representations about these matters.

Spare Parts and Repair Facilities: Manufacturer Obligations in New Zealand

In New Zealand, consumer law establishes specific obligations for manufacturers concerning the availability of spare parts and repair facilities for goods they supply. These obligations are primarily set out in the Consumer Guarantees Act 1993 (CGA) and are complemented by the Fair Trading Act 1986 (FTA).

Consumer Guarantees Act 1993: Guarantee as to Repairs and Spare Parts

The Consumer Guarantees Act 1993 (CGA) provides a fundamental guarantee regarding the availability of repair facilities and spare parts. This guarantee applies to goods—items that are bought and sold, including personal property, software, and electricity [Source: Consumer Guarantees Act 1993, s 2(1)].

A manufacturer—which includes a producer, an importer, a person who holds themselves out to be the manufacturer, or a person who attaches their own brand to goods manufactured by another—is subject to this guarantee [Source: Consumer Guarantees Act 1993, s 2(1)].

The CGA stipulates that a manufacturer guarantees that facilities for the repair of the goods and the supply of spare parts will be available for a reasonable time after the goods are supplied [Source: Consumer Guarantees Act 1993, s 42(1)]. Reasonable time is a period that is fair and appropriate, considering the nature of the goods, their price, and any statements made about their expected lifespan. It is assessed on a case-by-case basis and is not defined as a specific duration in the Act.

Exceptions to the Guarantee

This guarantee does not apply if the manufacturer takes reasonable action to notify the consumer—an individual who buys goods or services for personal, domestic, or household use—at or before the time the goods are supplied, that either:

  • Repair facilities or spare parts will not be available [Source: Consumer Guarantees Act 1993, s 42(2)(a)]; or
  • Repair facilities or spare parts will be available for a limited time [Source: Consumer Guarantees Act 1993, s 42(2)(b)].

For example, if a manufacturer clearly states at the point of sale that spare parts for a specific model will only be available for two years, and takes reasonable steps to ensure the consumer is aware of this, the guarantee is modified accordingly.

Fair Trading Act 1986: Misleading Representations

The Fair Trading Act 1986 (FTA) also plays a role by prohibiting misleading conduct related to spare parts and repair facilities. The FTA aims to protect consumers from misleading or deceptive conduct—actions or statements in trade that are false, ambiguous, or likely to lead a consumer to an incorrect understanding [Source: Fair Trading Act 1986, s 9].

Specifically, no person in trade may make a false or misleading representation concerning the existence, exclusion, or effect of any condition, warranty, guarantee, right, or remedy [Source: Fair Trading Act 1986, s 13(i)]. If a manufacturer makes claims about the long-term availability of spare parts or repair facilities, and these claims are later found to be untrue, this could constitute a breach of the FTA. Such representations could be considered false or misleading representations if they are inaccurate or deceptive regarding the nature or availability of repair services or parts [Source: Fair Trading Act 1986, s 13].

When to Seek Independent Legal Advice

Individuals seeking to understand their specific rights and obligations regarding consumer guarantees, particularly concerning spare parts and repair facilities, may benefit from consulting independent legal advice. For general information, individuals can contact Community Law Centres throughout New Zealand or refer to resources from the Ministry of Business, Innovation and Employment (MBIE). These organisations provide general legal information and, in some cases, free legal advice.

Key Resources