{"id":232,"date":"2022-07-06T13:48:14","date_gmt":"2022-07-06T01:48:14","guid":{"rendered":"https:\/\/blogs.otago.ac.nz\/conflicts\/?p=232"},"modified":"2022-07-06T13:48:14","modified_gmt":"2022-07-06T01:48:14","slug":"does-new-zealand-consumer-legislation-apply-to-a-claim-against-a-foreign-manufacturer","status":"publish","type":"post","link":"https:\/\/blogs.otago.ac.nz\/conflicts\/does-new-zealand-consumer-legislation-apply-to-a-claim-against-a-foreign-manufacturer\/","title":{"rendered":"Does New Zealand consumer legislation apply to a claim against a foreign manufacturer?"},"content":{"rendered":"<p>In\u00a0<em><span data-housestyle=\"EMPHASIS_it\">Body Corporate Number DPS 91535 v 3A Composites GmbH<\/span><\/em>\u00a0[2022] NZHC 985, the High Court recently concluded that neither the\u00a0Consumer Guarantees Act 1993\u00a0(CGA) nor the\u00a0Fair Trading Act 1986\u00a0(FTA) applied to a claim against a German manufacturer of cladding products.<\/p>\n<p>The defendant, 3A Composites GmbH (3AC), was a German manufacturer of a cladding product installed on the plaintiffs\u2019 buildings. The plaintiffs alleged that the product was highly flammable because it contained aluminium composite panels with a polyethylene core. Panels of this kind were the main reason why the fire at Grenfell Tower in London had spread so rapidly. The plaintiffs brought proceedings against 3AC, as well as the importers and distributors of the cladding in New Zealand. They alleged negligence, breach of\u00a0s 6\u00a0of the CGA and breaches of the\u00a0FTA. In response, 3AC protested the New Zealand court\u2019s jurisdiction.<\/p>\n<p>The High Court upheld 3AC\u2019s protest in relation to the CGA and FTA causes of action, on the basis that they fell outside of the territorial scope of the Acts. In relation to the CGA, the Court concluded that the Act did not apply to an overseas manufacturer like 3AC that did not have a presence in New Zealand (see [38]\u2013[47]). In relation to the FTA, the Court concluded that the Act did not apply to 3AC\u2019s allegedly misleading or deceptive conduct, apparently on the basis that the conduct did not fall within s 3(1) extending the Act to \u201cconduct outside New Zealand\u201d (at [117]).<\/p>\n<p>An analysis of the decision is available in the latest issue of the New Zealand Law Journal: Maria Hook \u201cDoes New Zealand consumer legislation apply to a claim against a foreign manufacturer?\u201d [2022] NZLJ 201. The note argues that the Court misapplied the principle of territoriality and that, on a closer examination of the statutes \u2013 combined with an application of the general principles of the conflict of laws \u2013 the claims were at least arguably covered by New Zealand law.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>In\u00a0Body Corporate Number DPS 91535 v 3A Composites GmbH\u00a0[2022] NZHC 985, the High Court recently concluded that neither the\u00a0Consumer Guarantees Act 1993\u00a0(CGA) nor the\u00a0Fair Trading Act 1986\u00a0(FTA) applied to a claim against a German manufacturer of cladding products. The defendant, 3A Composites GmbH (3AC), was a German manufacturer of a cladding product installed on the [&hellip;]<\/p>\n","protected":false},"author":31175,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_monsterinsights_skip_tracking":false,"_monsterinsights_sitenote_active":false,"_monsterinsights_sitenote_note":"","_monsterinsights_sitenote_category":0,"footnotes":""},"categories":[],"tags":[],"class_list":["post-232","post","type-post","status-publish","format-standard","hentry"],"post_mailing_queue_ids":[],"_links":{"self":[{"href":"https:\/\/blogs.otago.ac.nz\/conflicts\/wp-json\/wp\/v2\/posts\/232","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/blogs.otago.ac.nz\/conflicts\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/blogs.otago.ac.nz\/conflicts\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/blogs.otago.ac.nz\/conflicts\/wp-json\/wp\/v2\/users\/31175"}],"replies":[{"embeddable":true,"href":"https:\/\/blogs.otago.ac.nz\/conflicts\/wp-json\/wp\/v2\/comments?post=232"}],"version-history":[{"count":0,"href":"https:\/\/blogs.otago.ac.nz\/conflicts\/wp-json\/wp\/v2\/posts\/232\/revisions"}],"wp:attachment":[{"href":"https:\/\/blogs.otago.ac.nz\/conflicts\/wp-json\/wp\/v2\/media?parent=232"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/blogs.otago.ac.nz\/conflicts\/wp-json\/wp\/v2\/categories?post=232"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/blogs.otago.ac.nz\/conflicts\/wp-json\/wp\/v2\/tags?post=232"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}