Towards a New Regulatory Regime for New Zealand Online Auctions

New Zealand Law Review, Number 1, pp. 91-119 (29), 2011

Victoria University of Wellington Legal Research Paper No. 168/2017

30 Pages Posted: 15 Jan 2016 Last revised: 13 Dec 2017

See all articles by Kate Tokeley

Kate Tokeley

Victoria University of Wellington - Faculty of Law

Date Written: March 1, 2011

Abstract

Recent statements by the Minister of Consumer Affairs indicate that developing consumer law so that it is technologically neutral is a priority. This article analyses how the current law responds to the technological innovation of the online auction. The article concludes that consumers using online auctions have fewer legal rights and more difficulties obtaining redress than consumers who purchase goods from shops or from New Zealand online stores. The two main risks facing consumers using online auction sites are that the goods are not delivered or that they are defective in some way. The article concludes that there is an urgent need to update the Consumer Guarantees Act 1993 to expressly cover online auctions. However, this amendment alone will not be sufficient to protect consumers using online auctions. Several other suggestions are made for creating a comprehensive regulatory framework for New Zealand online auctions. These suggestions include introducing a public enforcement agency to enforce the Consumer Guarantees Act, imposing a duty on suppliers to provide identity and contact information and enacting specific regulation for online auction site operators.

Keywords: consumer, auction, online, technology, protection, rights, innovation, purchase

JEL Classification: K00, K1, K11, K12, K23, K20, K2

Suggested Citation

Tokeley, Kate, Towards a New Regulatory Regime for New Zealand Online Auctions (March 1, 2011). New Zealand Law Review, Number 1, pp. 91-119 (29), 2011, Victoria University of Wellington Legal Research Paper No. 168/2017, Available at SSRN: https://ssrn.com/abstract=2715138

Kate Tokeley (Contact Author)

Victoria University of Wellington - Faculty of Law ( email )

PO Box 600
Wellington, 6140
New Zealand

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