Right To Repair In New Zealand: Key Rules For NZ Small Businesses

Alex Solo
byAlex Solo11 min read

If you sell products in New Zealand (especially electronics, appliances, tools, equipment, or anything with a battery or moving parts), you’ve probably seen customers asking for repairs instead of replacements - or asking for spare parts and repair information so they can fix it themselves.

This is all part of the “right to repair” conversation. And while people often talk about it as a consumer issue, it can have a very real impact on NZ small businesses - from your refund processes and warranty claims, through to your supplier contracts and reputational risk.

In this guide, we’ll break down right to repair concepts in New Zealand in plain English, how the law currently works (even without a standalone “Right to Repair Act”), and what practical steps you can take to protect your business from day one.

What Does “Right To Repair” Mean In New Zealand?

“Right to repair” generally means consumers (and sometimes businesses) expect:

  • Products to be repairable within a reasonable time (not treated as disposable);
  • Repairs to be available at a reasonable cost;
  • Spare parts and repair information to be accessible (either to customers or independent repairers); and
  • Manufacturers and sellers not to block repairs through software locks, restrictive warranty terms, or refusal to supply parts.

In New Zealand, the “right to repair” isn’t currently captured in one single piece of legislation with that exact name. Instead, the reality is that consumer guarantees and fair trading rules already create repair expectations in many situations.

So, when a customer says “I have the right to repair this”, what they’re often pointing to (sometimes without realising it) is the effect of:

  • Consumer Guarantees Act 1993 (CGA) (key guarantees about quality, fitness for purpose, spare parts/repair facilities, and remedies like repair/replace/refund);
  • Fair Trading Act 1986 (FTA) (misleading claims, representations, pricing and advertising conduct); and
  • Contract law (what you promised in your warranty, terms, or marketing).

It’s also worth knowing that the “right to repair” topic is actively discussed in many countries, and expectations tend to rise over time. Even if the law doesn’t force a particular approach in every scenario, your customers may still expect it, and managing expectations well can reduce disputes.

How The Consumer Guarantees Act Drives Repair Rights (Even Without A “Right To Repair” Law)

If you sell to consumers in New Zealand, the CGA is usually the starting point for repair-related complaints.

Under the CGA, products must meet certain guarantees, including that they are:

  • Of acceptable quality (safe, durable, free from defects, acceptable appearance/finish);
  • Fit for purpose (including any purpose the customer made known to you); and
  • Match their description (and sample, if relevant).

The CGA can also be relevant to spare parts and repair support after sale. In many cases, the manufacturer must take reasonable action to ensure repair facilities and spare parts are reasonably available for a reasonable period after the goods are supplied (taking into account the type of goods and what’s reasonable in the circumstances).

When a product fails the CGA guarantees, customers have remedies. Often, the first remedy is a repair (especially where the failure is not substantial). That’s why discussions about the right to repair in New Zealand so frequently circle back to the CGA - it already makes repair a key part of the legal framework.

Repair Vs Replace Vs Refund: What’s The Usual Order?

In many cases, if the failure can be fixed, the supplier may be able to choose to:

  • repair the product, or
  • replace the product, or
  • refund the customer.

However, if the problem is a substantial failure, the customer can usually reject the goods and choose a refund or replacement (or keep the product and claim compensation for the drop in value).

Whether a failure is “substantial” can be a grey area, and that’s often where disputes arise. A good practical approach is to:

  • assess the issue quickly;
  • communicate clearly about what you’re offering and the timeframe; and
  • document what happened (photos, technician notes, customer communications).

Having clear Returns, Refunds And Exchanges processes helps you handle repair requests consistently and avoid accidental promises that increase your liability.

“Reasonable Time” For Repairs Matters

Even where a repair is the right remedy, the CGA generally expects that it happens within a reasonable time. What’s reasonable depends on:

  • the type of product (phone vs fridge vs power tool);
  • how essential it is to daily life or work;
  • availability of parts and technicians; and
  • what you told the customer at the time of sale.

Importantly, if you don’t remedy the problem within a reasonable time, the customer may be able to:

  • have the fault fixed elsewhere and recover the reasonable costs from you, or
  • reject the goods (particularly where the failure is substantial, or where the failure isn’t remedied within a reasonable time).

From a small business perspective, this is where your operations and your legal setup intersect: if your supplier can’t provide parts for months, you can end up wearing the customer relationship and the cost.

Do You Have To Provide Spare Parts?

New Zealand law doesn’t always require you (as the retailer) to hand over spare parts on demand. But spare parts and repair support become legally relevant where:

  • repair is the appropriate CGA remedy, and repair requires parts; and/or
  • the CGA’s manufacturer guarantee applies (that reasonable action is taken to ensure repair facilities and parts are reasonably available for a reasonable period); and/or
  • your advertising suggests the product is repairable, serviceable, or supported long-term.

This is one reason right-to-repair expectations can create risk for importers and retailers: you might be on the hook to provide a remedy even if your upstream supplier isn’t helping.

What This Means If You Sell Products: Practical Steps For NZ Small Businesses

If you’re a retailer, importer, online store, or distributor, right-to-repair issues in New Zealand tend to show up as day-to-day operational pain: returns, warranty claims, unhappy customers, and supplier disputes.

Here’s what tends to make the biggest difference.

1) Make Your Warranty And CGA Messaging Consistent

A common mistake is trying to “contract out” of basic consumer rights in your warranty language or store policies. For consumer sales, you generally can’t take away CGA rights just by writing “no refunds” or “warranty void if opened”.

However, in business-to-business sales, it may be possible to contract out of the CGA if the legal requirements are met (including having a written agreement and ensuring it’s fair and reasonable). If you sell to both consumers and businesses, it’s worth getting advice so your terms handle both scenarios properly.

It’s fine to offer a manufacturer warranty or store warranty on top of CGA rights - but your wording should be accurate. If it isn’t, you could run into problems under the Fair Trading Act (misleading representations), including where customers rely on your statements about warranty coverage.

If you want a deeper overview of how warranties work in practice, Warranties In NZ Law is a good starting point.

2) Build Repair Pathways Into Your Customer Service Process

Even if you’d prefer to replace or refund, customers often ask for repair because:

  • they want the same item back (e.g. customised equipment);
  • they’re trying to avoid waste; or
  • they need a cost-effective solution.

So, think about what you’ll do when a repair request comes in:

  • Who assesses the fault (in-house, authorised repairer, supplier)?
  • Who pays for diagnosis if the product is not actually faulty?
  • What timeframes will you commit to?
  • Will you offer a loan item for high-impact products?

Documenting this in your internal processes (and aligning it with your customer-facing terms) reduces inconsistent decisions, which is a major cause of disputes.

3) Get Your Terms And Conditions Right (Especially Online)

Your terms won’t override the CGA for consumers, but they still matter. Strong terms can:

  • set expectations about assessment processes and timeframes;
  • clarify what information customers must provide (proof of purchase, fault description);
  • address delivery/courier responsibilities for returns; and
  • reduce arguments about what was agreed at the point of sale.

For many product-based businesses, it’s also where you control risk around misuse, abnormal use, and commercial-use scenarios (where the CGA may not apply, or where you may be able to contract out).

It’s usually worth having proper Business Terms & Conditions in place early, rather than trying to patch issues after your first big complaint lands in your inbox.

Managing Supplier And Manufacturer Risk (So You’re Not Left Paying For Repairs)

One of the most overlooked “right to repair” issues for small businesses is this: your legal obligations to customers can be stronger than your practical leverage over suppliers.

For example, you might have to provide a remedy to a consumer quickly, even if:

  • the manufacturer is overseas;
  • parts are delayed;
  • the supplier says the item is “out of warranty”; or
  • your supplier agreement is vague on after-sales support.

What To Lock In With Suppliers

When negotiating or reviewing supplier arrangements (even simple purchase terms), it’s smart to address repair realities upfront. Depending on your business model, you may want clauses covering:

  • Spare parts availability (minimum period, pricing, delivery timeframes);
  • Repair documentation (manuals, diagrams, error codes, diagnostic tools);
  • Turnaround times for assessment and repair authorisation;
  • Responsibility for shipping to and from repair centres;
  • Credit/refund rights for repeated failures or DOA (dead on arrival) stock;
  • Product change notifications (so you don’t sell “Version B” parts for “Version A” units); and
  • Indemnities or contribution mechanisms where the manufacturer fault causes your cost.

If you sell products under your own brand (or you import as the “local face” of the product), it’s also job-critical to understand your exposure under consumer and product safety rules. Having a handle on Product Liability In NZ can help you map your risk and insurance needs.

Be Careful With “Warranty Void If Opened” Statements

Small businesses sometimes copy-and-paste warranty wording from overseas suppliers that says things like “warranty void if removed from casing” or “warranty void if third-party repair attempted”.

These statements can backfire if they:

  • mislead consumers about their CGA rights;
  • imply consumers have no remedy unless they use a specific repair channel; or
  • conflict with how the CGA applies to faults that aren’t caused by the consumer.

That doesn’t mean you can’t protect yourself against damage caused by improper repairs. You can (and should) set fair boundaries. The key is to keep the wording accurate and not overreach - because overreaching can create legal and reputational risk.

If you run a repair business, provide servicing, or refurbish goods for resale, the right-to-repair movement in New Zealand can be a huge opportunity - but it also raises some extra legal questions.

1) Use A Clear Service Agreement (And Define The Scope)

Repair disputes often happen because the customer thought they were paying for one outcome, while the business thought it was only responsible for a narrow task (diagnosis, best-efforts repair, replacing a specific part, etc.).

A written Service Agreement can help clarify things like:

  • what you are (and aren’t) repairing;
  • whether you provide genuine parts, third-party parts, or customer-supplied parts;
  • whether you guarantee the repair, and for how long;
  • what happens if additional faults are discovered mid-job;
  • approval steps for extra costs; and
  • when the customer must collect the item (and storage fees, if any).

This is one of those areas where getting the document right upfront can save you a lot of stress later - especially once your volume grows and you’re dealing with multiple technicians or a front-of-house team.

2) Don’t Accidentally Make Misleading Claims

Marketing is a big part of repair businesses (“we’ll fix any device”, “same-day repairs”, “permanent fix”, “waterproof again”). It’s also where legal risk can creep in.

Under the Fair Trading Act, you need to be careful not to make claims that are misleading or can’t be backed up. Even if you didn’t intend to mislead, you can still be exposed if the overall impression is inaccurate.

This ties closely to Misrepresentation risk too - especially where a customer relied on what you said and entered into the transaction as a result.

3) Think About Data, Passwords, And Privacy

Repair work often involves access to customer devices - which can contain personal information, photos, messages, health data, business documents, and saved passwords.

That means privacy compliance isn’t just for tech startups. If you’re handling personal information in the course of repairs, you should think about your obligations under the Privacy Act 2020, including:

  • collecting only what you need;
  • storing devices securely while in your care;
  • limiting staff access;
  • having a plan for data breaches; and
  • being transparent about what you do with any customer information.

For many repair and refurbishment businesses, having a fit-for-purpose Privacy Policy is a practical step that supports trust and helps you set expectations from the start.

4) Refurbished Goods Still Need To Meet Consumer Law Standards

Selling refurbished or repaired goods can be a great business model - but you should treat it as a consumer law issue, not just an operational one.

Refurbished goods can still be covered by the CGA (when sold to consumers). The “acceptable quality” assessment will consider that they’re refurbished and the price paid, but you still need to be careful about:

  • accurately describing condition (scratches, battery health, replaced parts);
  • not overstating performance or durability; and
  • clear labelling to avoid confusion with brand-new goods.

Transparent listings and consistent record-keeping (what was replaced, what was tested, what wasn’t) go a long way if a dispute pops up later.

Key Takeaways

  • The “right to repair” in New Zealand is largely driven by existing consumer laws, especially the Consumer Guarantees Act 1993, which often makes repair a key remedy when goods fail - and also includes a manufacturer guarantee around repair facilities and spare parts being reasonably available for a reasonable period.
  • If you sell to consumers, you generally can’t rely on blanket “no refunds” or overly strict “warranty void” statements to avoid CGA obligations - and inaccurate warranty messaging can create Fair Trading Act risk.
  • Operationally, repair timeframes and spare parts access matter, because customers may have options if faults aren’t remedied within a reasonable time (including having repairs done elsewhere and recovering reasonable costs, or rejecting goods in some cases).
  • If you import or resell goods, your supplier contracts should ideally cover spare parts availability, repair support, turnaround times, and who pays for what - so you’re not left wearing repair costs.
  • If you run a repair/refurbishment business, clear service documentation, careful advertising claims, and privacy protections (especially for customer devices and data) are essential legal foundations.
  • Getting your legal setup right from day one helps you handle repair disputes confidently, protect your reputation, and scale your systems as your business grows.

If you’d like help setting up your customer terms, repair service documents, warranties, or privacy compliance, you can reach us at 0800 002 184 or team@sprintlaw.co.nz for a free, no-obligations chat.

Alex Solo

Alex is Sprintlaw's co-founder and principal lawyer. Alex previously worked at a top-tier firm as a lawyer specialising in technology and media contracts, and founded a digital agency which he sold in 2015.

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