It can be difficult to know how to go about making a complaint. So we’ve put together these templates you can use to help you stand up for your rights.
The Fair Trading Act contains a list of terms the courts are likely to regard as unfair. The list includes terms that allow a company to unilaterally:
vary the terms of the contract
terminate the contract
renew or not renew the contract
penalise the consumer for breaching or ending the contract
vary the price without giving the consumer the right to end the contract
vary the characteristics of the goods or services to be supplied
determine whether a contract has been breached, or interpret its meaning.
How to complain to a company
[Date]
[List unfair contract terms]
I wish to make a complaint about the standard-form consumer contract used by your company. A copy of the contract is enclosed.
I am concerned that term(s) [insert term number(s)] of this contract may breach the prohibition on unfair terms in the Fair Trading Act 1986.
I believe the above term(s):
cause a significant imbalance between the rights of your company and the consumer
is/are not reasonably necessary to protect the legitimate interests of your company
would cause detriment to myself and other consumers if applied or relied on.
In particular, the term(s) give your company the unilateral right to [describe].
I would like to request you review your contract. Please advise whether you intend to amend or remove the term(s).
I look forward to your reply.
Yours sincerely
[Name]
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How to complain to the Commerce Commission
[Date]
[List unfair contract terms]
I wish to make a complaint about the standard-form consumer contract used by [name of company]. A copy of the contract is enclosed.
I am concerned that term(s) [insert term number(s)] of this contract may breach the prohibition on unfair terms in the Fair Trading Act 1986.
I believe the above term(s):
cause a significant imbalance between the rights of the company and the consumer
is/are not reasonably necessary to protect the legitimate interests of the company
would cause detriment to the consumer if applied or relied on.
In particular, the term(s) give the company the unilateral right to [describe].
I would like to request the commission investigate this matter. If the company fails to amend the contract, I request the commission seeks a declaration from the court that the term(s) is/are unfair.
I look forward to your reply.
Yours sincerely
[Name]
Commerce Commission
PO Box 2351
Wellington 6140
[email protected]
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