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.
Importing goods into New Zealand can be a smart way to grow your product range, protect your margins, and build a brand that isn’t limited by what local wholesalers happen to stock.
But once you move past the “this looks great on Alibaba” stage, importing quickly becomes a mix of logistics, tax, product compliance, contracts, and consumer law. Getting those foundations right early can save you costly delays at the border (and messy customer disputes later).
This guide is updated for current New Zealand settings and enforcement focus, so you can approach importing with a clear plan and the right legal protections from day one.
What Do You Need To Know Before You Import?
Before you even place an order, it helps to get clear on what “importing” actually means for your business in New Zealand.
When you import, you’re typically responsible for:
- Customs clearance (making sure the goods can legally enter NZ and the correct documentation is lodged)
- Duties and taxes (including GST on imports and, depending on product type and origin, customs duty)
- Product compliance (meeting NZ requirements around safety, labelling, and standards)
- Consumer-facing legal obligations (your customers’ rights don’t disappear because the product came from overseas)
- Supplier and logistics risk (damage, delays, incorrect goods, warranty issues, and payment disputes)
One of the biggest mindset shifts is this: even if the overseas manufacturer made a mistake, you may still be the party your customer (and regulators) come after.
That’s why it’s worth thinking about your importing setup as part of your legal foundations, not just “operations”.
Are You Importing For Business Or Personal Use?
If you’re importing commercially (to sell, distribute, or use in producing products for sale), you’ll generally need a more robust setup than if you’re importing as an individual for personal use.
Commercial importing usually means:
- clear product compliance responsibilities
- more formal documentation and shipping terms
- the need for clear customer terms, warranties, and refunds processes
- more attention to branding and IP (because you’re building a market presence)
Set Up Your Business Structure Early
If you’re importing goods to sell, the way you set up your business can affect liability, tax administration, and how confident suppliers and customers feel dealing with you.
Many importers start as sole traders, but a company structure can help ring-fence risk (especially if you’re dealing with higher-value shipments, regulated products, or potential product liability claims).
If you need help getting the structure right, a Company Set Up can be a practical first step before you sign supplier agreements or start taking pre-orders.
Step-By-Step Importing Checklist (From Order To Arrival)
Importing is easier when you treat it like a repeatable process. Here’s a practical step-by-step checklist you can use each time you bring goods into New Zealand.
1. Confirm The Product Can Legally Be Imported
Not everything can be imported freely. Some products are prohibited, restricted, or subject to special rules (for example, certain chemicals, food items, cosmetics with restricted ingredients, medical devices, and products with biosecurity risks).
At this stage, check:
- whether the product is restricted or requires approvals
- any safety standards or labelling rules that apply in NZ
- biosecurity requirements (especially for wood, plant-based products, or items that may contain soil or organic material)
If you’re not sure, it’s worth confirming early. The cost of finding out “too late” is often storage fees, re-export costs, or goods being destroyed.
2. Choose A Supplier (And Do Basic Due Diligence)
It’s normal to feel pressure to move quickly once you find a supplier with a great price. Still, a little due diligence can save you months of frustration.
Consider checking:
- business registration details (where possible)
- quality assurance documentation and test reports (especially for regulated products)
- previous customer reviews and dispute history
- production timelines and minimum order quantities
If your supplier is overseas, also think about what happens if the relationship goes sour. Enforcing a contract internationally can be harder and more expensive than people expect, so prevention matters.
3. Lock In Your Shipping Terms (Incoterms) And Risk Allocation
This is where many first-time importers get caught out: it’s not enough to agree on the price of the goods. You also need to be crystal clear about who is responsible for what during shipping.
Many international supply deals use Incoterms (like EXW, FOB, CIF, DDP). These terms can affect:
- who pays freight and insurance
- when risk transfers (for example, at the factory gate vs when the goods are loaded onto a vessel)
- who handles customs clearance
- who is responsible if goods are damaged in transit
Choosing the wrong term (or using one without understanding it) can mean you accidentally take on risk you didn’t price into your business model.
4. Prepare Your Import Documentation
Documentation problems are a common reason shipments get delayed. While the exact list depends on the product and shipping method, you’ll commonly need:
- commercial invoice
- packing list
- bill of lading (sea freight) or air waybill (air freight)
- certificate of origin (in some cases)
- permits/certifications for restricted or regulated goods
Even if your freight forwarder is handling the process, you still want to understand what documents exist and what they say. You’re relying on them if something goes wrong.
5. Budget For Customs Charges And Import GST
Importing isn’t just “product cost + shipping”. You’ll typically need to budget for:
- GST on imports (generally assessed by NZ Customs)
- customs duty (depends on product classification and country of origin)
- MPI fees if biosecurity inspection is needed
- port/terminal handling charges and storage (if there are delays)
- broker or freight forwarder fees
Your pricing needs to include these costs so you don’t end up selling products at a loss without realising it.
6. Clear The Goods And Store Them Properly
Once the goods arrive and clear the border, your responsibility doesn’t end. You’ll want to make sure you have appropriate storage, handling processes, and batch tracking (especially if you’re importing products where recalls could become an issue).
Even for everyday consumer goods, good record-keeping makes warranty claims, quality issues, and supplier disputes much easier to manage.
Which Laws Do Importers Need To Follow In New Zealand?
This is the part many business owners don’t think about until the first customer complains. In NZ, if you sell goods to consumers, you need to comply with consumer protection and advertising laws, even if you’re “just importing” and not manufacturing.
Fair Trading Act 1986 (Advertising And Product Claims)
The Fair Trading Act 1986 is a big one for importers, especially if you market products online. In plain terms, it means you can’t mislead customers (even accidentally) about what they’re buying.
Common risk areas for importers include:
- claims about “NZ made” or “NZ owned” branding (country-of-origin claims need to be accurate)
- performance claims copied from a supplier’s marketing materials without verification
- before-and-after images or “results” claims that can’t be substantiated
- shipping time promises you can’t consistently meet
A practical rule: if you wouldn’t be comfortable proving a claim to a regulator, don’t use it as a headline on your website.
Consumer Guarantees Act 1993 (Refunds, Repairs, And Replacements)
The Consumer Guarantees Act 1993 applies when you sell goods to consumers in New Zealand. It gives customers automatic guarantees (for example, that goods will be of acceptable quality and match their description).
This matters for importers because you can’t contract out of the CGA for consumer sales, and “the supplier won’t refund me” is usually not an acceptable answer to a customer.
If you’re selling online, you’ll want your customer-facing terms to align with NZ consumer law. For many businesses, having clear Returns, Refunds And Exchanges wording reduces disputes because customers know what to expect (and your team knows what to do).
Product Safety, Labelling, And Standards
Depending on what you import, additional rules can apply around product safety and labelling (for example, cosmetics, food, children’s products, electronics, and products with batteries or charging components).
Even where there isn’t a single “one size fits all” law, you should assume you’ll need to:
- label products accurately (including ingredients where relevant)
- provide warnings and instructions in plain English where needed
- ensure products meet mandatory standards (if applicable)
- keep evidence of compliance (test reports, supplier certifications, batch records)
If you’re importing into a more regulated category, it’s worth getting tailored advice early so you don’t build your business around a product you can’t legally sell.
Privacy Act 2020 (If You Sell Online Or Collect Customer Data)
Most import businesses sell online, run email marketing, and use third-party platforms for payments and shipping. That usually means you’re collecting personal information (like names, addresses, phone numbers, email addresses, and order history).
Under the Privacy Act 2020, you need to handle personal information responsibly, including having a clear Privacy Policy and taking reasonable steps to keep data secure.
This isn’t just about avoiding complaints. Good privacy practices also build customer trust, which matters a lot when you’re trying to grow an eCommerce brand.
What Contracts And Legal Documents Should Importers Have?
Importing is relationship-heavy: suppliers, freight forwarders, warehousing providers, customers, marketing partners, and sometimes distributors or resellers.
Contracts won’t prevent every issue, but they can make a huge difference when something goes wrong (and something usually does at some point-delay, defect, or disagreement).
Supplier Or Manufacturing Agreement
If you’re ordering products from a manufacturer (especially custom products or private label), a written agreement helps set expectations around:
- product specifications and quality standards
- inspection rights and rejection processes
- timelines and what happens if production is late
- warranties from the supplier
- IP ownership (your logo, designs, packaging, and product artwork)
- dispute resolution and governing law
If you’re scaling beyond small test orders, it’s worth using a proper Supply Agreement rather than relying on back-and-forth emails that leave key issues unclear.
Customer Terms And Conditions (Especially For Online Sales)
If you sell imported products to customers, your customer terms help manage expectations around shipping, pre-orders, returns, and warranty claims.
Your terms should match how your business actually operates. For example, if you run pre-orders or ship in batches, your terms should clearly explain timelines and what happens if stock is delayed.
For many importers, especially in eCommerce, having tailored Online Shop Terms And Conditions is a simple but powerful way to reduce disputes and protect your brand reputation.
Distribution Or Reseller Arrangements (If You’re Not Selling Direct)
Some importers don’t want to be customer-facing. Instead, they bring goods into NZ and sell to retailers, gyms, salons, clinics, or other businesses.
If that’s your model, you’ll likely want clear B2B terms around:
- minimum order quantities and payment terms
- delivery responsibilities
- returns (often different to consumer returns)
- brand use and marketing rules
- territory or exclusivity (if offered)
Depending on your setup, a Distribution Agreement can help avoid confusion about who can sell where and how your products can be marketed.
Brand Protection (Trade Marks And Packaging)
If you’re importing products under your own brand, you’re investing in reputation. That’s an asset worth protecting early, particularly because importing often involves product photos, packaging design, and brand names being shared with multiple third parties.
Trade mark protection can help stop competitors from using a confusingly similar brand name in New Zealand (and it can be valuable if you later sell the business or bring on investors).
When you’re ready, Register Your Trade Mark is one of the cleanest ways to protect your brand identity.
Common Importing Mistakes (And How To Avoid Them)
Importing isn’t just for big companies anymore, so it’s easy to jump in quickly. These are some of the most common issues we see, and the simple habits that help prevent them.
Mistake 1: Relying On Generic Templates Or Verbal Promises
Importing deals often happen quickly over email or messaging apps. The risk is that key terms (quality standards, inspection rights, refunds for defective stock) never get properly agreed.
Fix: use written agreements that match your actual commercial risks, and get them reviewed before you send large payments.
Mistake 2: Copying Supplier Marketing Claims Without Checking Them
It’s tempting to use the supplier’s product descriptions, certifications, or “results” claims. But if those claims are misleading in the NZ market, it’s usually your business that wears the risk under the Fair Trading Act.
Fix: verify claims you rely on, keep evidence, and adjust your marketing for NZ customers.
Mistake 3: Underestimating Total Landed Cost
If you forget to budget for duties, GST, port charges, or delays, it can turn a “profitable” import into a cashflow headache.
Fix: build a landed-cost calculator and update it after each shipment so your pricing stays accurate.
Mistake 4: No Clear Returns/Warranty Process
Even if your products are great, there will be change-of-mind returns, damaged-in-transit complaints, and the occasional faulty unit.
Fix: have a clear internal process and customer terms that align with NZ consumer law, so you can respond quickly and consistently.
Mistake 5: Scaling Before Your Legal Foundations Are Ready
It’s exciting to see sales grow, but growth tends to magnify risk. If you’re importing larger quantities, entering B2B supply deals, or hiring staff, your legal setup needs to keep up.
Fix: treat legal work as part of scaling, not a “later” problem. This can include updating contracts, tightening customer terms, and reviewing your business structure.
Key Takeaways
- Importing goods into New Zealand involves more than logistics - you’ll need to manage customs, taxes, product compliance, and consumer-facing legal obligations.
- A clear step-by-step importing process (product checks, supplier due diligence, Incoterms, documentation, budgeting, and clearance) helps prevent expensive delays and disputes.
- If you sell to consumers, you must comply with the Fair Trading Act 1986 and Consumer Guarantees Act 1993, even if the product was made overseas.
- If you collect customer information (common for online importers), you should have a Privacy Act 2020-compliant Privacy Policy and solid data handling practices.
- Strong contracts - like a Supply Agreement and tailored Online Shop Terms And Conditions - can protect you when shipments are late, goods are defective, or customers make claims.
- Brand protection matters for importers, especially for private label and custom products, and trade marks can be a key part of protecting your market position.
If you’d like help setting up the right legal foundations for importing - from supplier contracts to customer terms and brand protection - you can reach us at 0800 002 184 or team@sprintlaw.co.nz for a free, no-obligations chat.


