Minna is the Head of People and Culture at Sprintlaw. After receiving a law degree from Macquarie University and working at a top tier law firm, Minna now manages the people operations across Sprintlaw.
Setting a price can feel like a guessing game.
You don’t want to undercharge and burn out. But you also don’t want to overcharge and watch customers disappear (or worse, attract complaints because your pricing isn’t clear).
The tricky part is that “price” isn’t just a business decision - it can also become a legal and compliance issue, especially when you advertise discounts, display “RRP”, run bundles, or sell online.
This updated guide brings together the practical and legal angles of recommended retail price (RRP) in New Zealand, so you can feel confident that your pricing is commercially sensible and legally safe.
What Is A Recommended Retail Price (RRP) In New Zealand?
A recommended retail price (often written as “RRP”) is the price a supplier or manufacturer suggests a product should be sold for at retail level.
RRPs are common in:
- consumer goods (electronics, appliances, cosmetics)
- fashion and footwear
- sporting goods
- health and wellness products
- imported products where a local distributor sets market positioning
It’s called “recommended” for a reason. If you’re a retailer, you’ll usually be free to set your own price - but the way you use RRP in advertising matters a lot.
RRP Vs Retail Price: What’s The Difference?
- RRP is a suggested reference price (often from the supplier).
- Your retail price is the actual price you charge customers.
Where businesses get into trouble is when RRP is used to create a bigger-looking discount than what’s real (for example, “Was $199 RRP, now $99” when the item has never realistically sold for $199 in that market).
Is RRP Legally “Binding”?
RRP itself isn’t automatically binding.
But you should be careful about any agreement with a supplier that tries to control the resale price you charge. In New Zealand, resale pricing can raise competition law issues (and you don’t want your supply arrangements to accidentally put your business on the wrong side of the rules).
If a supplier is pushing you to stick to a particular price, it’s worth getting the arrangement reviewed before you commit - especially if it’s built into your supply terms or distribution deal.
How Do You Know If Your Price Is “Right” Commercially?
Before we get to the legal side, it helps to get clear on what “right” means for your business.
A “right” price is usually one that:
- covers your costs (including hidden costs you forget to count)
- supports a sustainable profit margin
- fits your brand positioning (premium, mid-market, budget)
- makes sense compared to competitors and substitutes
- reduces refund/complaint friction by matching customer expectations
Start With A Simple Pricing Checklist
If you’re stuck, work through these basics:
- Cost of goods: product cost, shipping, import duties, packaging.
- Operating costs: rent, wages, software subscriptions, merchant fees.
- Customer acquisition costs: ads, influencers, marketplaces, affiliate fees.
- Returns and wastage: refunds, damaged stock, chargebacks.
- Time cost: the real hours you spend (especially if you’re a service business).
Once you’ve set a baseline, you can sanity-check your price against what customers see as “fair value”.
RRP Can Help With Positioning, But It Shouldn’t Replace Research
If you’re using an RRP from a supplier, it can be a helpful starting point - but it’s not a guarantee the market will accept it.
For example, you might import a product with an overseas RRP that doesn’t match local expectations, local competitors, or local purchasing power. In that case, blindly sticking to RRP could slow sales, build up old stock, and push you into constant “discounting” (which creates its own legal risks if the discount story isn’t accurate).
What Pricing Laws Do You Need To Follow In NZ?
In New Zealand, your pricing needs to be accurate, clear, and not misleading. The big legal touchpoints are consumer protection laws that shape how you advertise prices, discounts, and value claims.
The Fair Trading Act 1986: Don’t Mislead With Pricing
The Fair Trading Act 1986 is a core law for pricing conduct. In plain English, it means you must not mislead customers (or be likely to mislead them) through advertising, representations, or overall pricing presentation.
Pricing practices that can trigger risk include:
- advertising a discount off an RRP that isn’t genuine or reasonable
- displaying “was” prices that weren’t actually charged for a meaningful period
- drip pricing (revealing mandatory fees late in the checkout process)
- unclear bundle pricing (where customers can’t tell what each component costs)
- “limited time” discounts that aren’t really limited
If you’re running an online store, be especially careful about how pricing appears across product pages, collection pages, cart, and checkout. Consistency matters.
The Consumer Guarantees Act 1993: Your Price Doesn’t Remove Your Obligations
The Consumer Guarantees Act 1993 sets minimum guarantees for consumer purchases (like acceptable quality and fitness for purpose). Even if you’re selling at a huge discount, you generally can’t contract out of these rules for ordinary consumer sales.
This matters because some businesses use price language that implies “no refunds” or “sold as-is” without understanding how limited those statements can be in consumer transactions.
It’s a good idea to align your pricing strategy with clear returns messaging, and have properly written customer-facing terms. Depending on your setup, that might mean having solid online terms and policies in place (including shipping and returns wording) so customers aren’t surprised later.
“Advertised Price” And Hidden Fees: Be Transparent
If your advertised price doesn’t include unavoidable fees (for example, a compulsory service fee), you can quickly drift into “misleading pricing” territory.
As a practical rule: if a fee is mandatory for the purchase, aim to make sure it’s visible early and clearly.
How To Use RRP, Discounts, And “Was/Now” Pricing Without Getting Into Trouble
Discounts are a normal part of retail. The goal isn’t to avoid them - it’s to run them in a way that’s defensible, consistent, and clear.
Be Careful When Referencing RRP
If you say “$X off RRP” or “Was $X RRP”, ask yourself:
- Is that RRP a genuine recommended price from a real supplier/manufacturer?
- Is it realistic in the New Zealand market (or is it inflated compared to normal selling prices)?
- Are you using it in a way that implies customers would normally pay that amount?
If the “reference price” isn’t credible, it can look like you’re manufacturing a discount.
Have Evidence For Your Price Comparisons
A good habit is to keep records for how you arrived at the RRP or “was” price, including:
- supplier documentation showing RRP
- historical sales data showing you actually sold at the “was” price
- competitor pricing research (screenshots with dates)
You don’t need to overwhelm yourself with admin - but if you’re ever challenged (by a customer, a competitor, or a regulator), being able to show your basis can make a huge difference.
Watch Out For “Always On Sale” Pricing
If an item is “50% off” every week of the year, customers may (fairly) assume the full price isn’t real.
That doesn’t mean you can never do frequent promotions. It means your promotional language should match reality, and you should avoid setting up a pricing system that relies on questionable reference prices.
Online Marketplaces And Social Media Ads Still Count
If you’re promoting prices on Instagram, TikTok, Facebook, Google Ads, or a marketplace listing, the same “don’t mislead” principles apply.
Also, if you’re running competitions or influencer promotions linked to pricing offers, your underlying terms and any price claims should be consistent. (A messy promo is where misunderstandings - and complaints - often start.)
What Contracts And Legal Documents Support A Safe Pricing Strategy?
Pricing issues don’t only come from ads - they often come from misunderstandings with customers, suppliers, and team members.
Having the right legal documents in place helps keep your pricing strategy enforceable and consistent as you grow.
Customer Terms: Set Expectations Before A Dispute Starts
If you sell products or services, you’ll usually want customer-facing terms that cover things like:
- how pricing is displayed and when it can change
- payment terms and consequences of non-payment
- refunds and returns process (aligned with consumer law)
- shipping timeframes and delivery responsibility
- limits on liability where appropriate
For online businesses, this is often handled through eCommerce Terms and Conditions that match the way your checkout actually works.
If you run a service-based business (or a hybrid of product + service), a tailored Service Agreement can help prevent scope creep and disputes about “what the customer thought they were paying for”.
Supplier And Distribution Agreements: Keep Pricing Pressure From Becoming A Legal Risk
If you’re buying from suppliers, importing, or distributing products, your commercial agreements matter. They can cover:
- how prices are set and updated
- minimum order quantities and price breaks
- who pays freight, duties, and insurance
- returns for faulty stock
- exclusivity or territory arrangements
If you’re reselling products, clear supply terms are especially important when you’re aligning your retail price against a supplier’s RRP - you want to be sure the numbers still work after freight changes, currency movements, or unexpected fees.
Where you’re distributing someone else’s products, a proper Distribution Agreement can clarify what’s expected (without drifting into “you must price it this way” territory).
Employment And Sales Incentives: Make Commission And Discount Authority Clear
If you have staff who can offer discounts (or quote pricing), make sure you’re not relying on informal “everyone knows the rule” systems.
Instead, set out:
- who can approve discounts (and at what levels)
- how commission is calculated (and whether it’s based on gross sales, net sales, or margin)
- what happens if a sale is refunded or charged back
This can be handled through your Employment Contract and/or internal policy documents.
If you offer commission-only or unusual sales structures, it’s worth getting advice early - missteps here can create both employment and pricing disputes.
Data And Pricing Personalisation: Don’t Forget Privacy Compliance
If you use customer data to set personalised offers (for example, email-only discounts, loyalty pricing, abandoned cart offers, or targeted ads), you should also think about privacy compliance.
Even if your pricing is perfect, poor data handling can create trust issues fast.
Where you collect personal information through your website (email sign-ups, accounts, checkout), a clear Privacy Policy helps you explain what you collect, why you collect it, and how customers can access or correct it.
Key Takeaways
- A recommended retail price (RRP) is a supplier or manufacturer’s suggested price, but you still need to make sure the way you use it in advertising is accurate and not misleading.
- Your “right” price is one that covers costs, supports sustainable margin, fits your brand positioning, and aligns with customer expectations - not just what a supplier suggests.
- The Fair Trading Act 1986 is a major pricing risk area for NZ businesses, especially for discounts, “was/now” claims, and reference pricing based on RRP.
- The Consumer Guarantees Act 1993 still applies regardless of discounting, so make sure your returns/refunds messaging doesn’t imply customers have fewer rights than they do.
- Good pricing compliance is easier when your customer terms are clear, your supplier/distribution arrangements are well-documented, and your staff understand discount authority.
- If you collect customer data to run targeted offers or loyalty pricing, having an up-to-date Privacy Policy is an important part of building trust and meeting your obligations.
If you’d like help reviewing your pricing promotions, updating your online terms, or getting your contracts set up properly, you can reach us at 0800 002 184 or team@sprintlaw.co.nz for a free, no-obligations chat.


