Commerce Commission
PO Box 2351
Wellington 6140
contact@comcom.govt.nz
Email templates about unfair contracts
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. Use these as a guide to complain about unfair contracts.
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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
Use this email or letter template to complain to a company about unfair terms in its standard-form consumer contract.
[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]
How to complain to the Commerce Commission
Use this email or letter template to complain to the Commerce Commission about unfair terms in a standard-form consumer contract.
[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]
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