New Zealand Moves to Prohibit Unfair Terms: A Critical Analysis of the Current Proposal

Abstract

This article critically analyses the current proposals in New Zealand for the introduction of a prohibition of unfair terms. The article explains the details of the proposal and compares it to the unfair terms legislation in Australia and the United Kingdom. The justifications for a prohibition on unfair terms are explained. The article then considers whether the scope of the current New Zealand proposal is adequately aligned with these justifications.

Keywords: contract, unfair, terms, proposal, prohibition, prohibit, justification, critical, analysis, regulation, standard-form, standard, form, consumer, legislation, australia, new zealand, united kingdom, nz, uk, compare, comparitive, comparison, unfair

JEL Classification: H11, K12, K00, K22, K23, K42, K40, L14, L84, M14, N47, N40