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.

Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law of contracts in New Zealand covers every aspect of the subject – definition and classification of contracts, contractual liability, relation to the law of property, good faith, burden of proof, defects, penalty clauses, arbitration clauses, remedies in case of non-performance, damages, power of attorney, and much more. Lawyers who handle transnational contracts will appreciate the explanation of fundamental differences in terminology, application, and procedure from one legal system to another, as well as the international aspects of contract law. Throughout the book, the treatment emphasizes drafting considerations. An introduction in which contracts are defined and contrasted to torts, quasi-contracts, and property is followed by a discussion of the concepts of ‘consideration’ or ‘cause’ and other underlying principles of the formation of contract. Subsequent chapters cover the doctrines of ‘relative effect’, termination of contract, and remedies for non-performance. The second part of the book, recognizing the need to categorize an agreement as a specific contract in order to determine the rules which apply to it, describes the nature of agency, sale, lease, building contracts, and other types of contract. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in New Zealand will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative contract law.

Online auctions have undergone many transformations and continue to attract millions of customers worldwide. However these popular platforms remain understudied by legal scholars and misunderstood by legislators. This book explores the legal classification of online auction sites across a range of countries in Europe. Including empirical studies conducted on 28 online auction websites in the UK, the research focusses on the protection of consumers’ economic rights and highlights the shortcomings that the law struggles to control. With examinations into important developments, including the Consumer Rights Directive and the latest case law from the CJEU on the liability of intermediaries, Riefa anticipates changes in the law, and points out further changes that are needed to create a safe legal environment for consumers, whilst preserving the varied business model adopted by online auction sites. The study provides insights into how technical measures as well as a tighter legislative framework or enforcement pattern could provide consumers with better protection, in turn reinforcing trust, and ultimately benefiting the online auction platforms themselves.

"This study is motivated by the widespread concern with the extent of costly and ill-conceived regulations in New Zealand."--Introduction, p.1.

The development and increasing take-up of electronic technologies such as the Internet present businesses with new and exciting opportunities in e-commerce, such as exposure to worldwide markets and greater automation of existing business processes. New Zealand businesses and legal professionals need guidance across the broad spectrum of laws that apply to e-commerce, in both New Zealand and global contexts. A GUIDE TO E-COMMERCE LAW IN NEW ZEALAND is a topical overview of the law and issues relating to e-commerce in New Zealand. It combines the relevant principles, legislation, and case law with practical guidance for businesses engaging, or intending to engage, in e-commerce.

In 2008, following finance company collapses and the introduction of KiwiSaver, the New Zealand Government passed the Financial Advisers Act 2008 and the Financial Service Providers (Registration and Dispute Resolution) Act 2008 with the aim of improving the quality of investment advice available to the New Zealand consumer. The legislation was substantially reworked in 2010 with the enactment of the Financial Advisers Amendment Act 2010 and the Financial Service Providers (Registration and Dispute Resolution) Amendment Act 2010. A rigorous regulatory regime is now in place setting high standards of competency, accountability and disclosure for financial advisers and brokers. This regime will have a considerable impact on the financial services industry, bringing with it a set of extensive compliance burdens. The New Zealand Securities Commission has estimated that about 23,000 industry participants will be affected. Financial Adviser and Broker Regulation in New Zealand is an essential resource for industry participants, providing a map of the new regime and key source materials in one place. It contains commentary on the key aspects of the new regulatory quilt, the two principal statutes, and the Code of Professional Conduct for Authorised Financial Advisers. Lawyers and accountants will also find this guidebook a useful point of departure and reference.

The agri-food and rural development world has experienced significant changes in recent years. The evolution towards globalized and highly complex food supply systems has been accompanied by growing competition, reduced state subsidies as well as concerns about quality, output and the environment. At the beginning of the 21st century, the agri-food industry is urgently searching for new solutions. Exploring these recent developments, Agri-Food and Rural Development highlights the latest research on understanding and promoting sustainable food systems. Featuring a range of international case studies, it investigates different models of rural development for food production, examines the implications for a sustainable future, analyzes future challenges, and suggests new strategies for future agri-food development in a world fast exceeding its resources. An ambitious new study written by a leading authority in the field, this book offers a vital new perspective on this important debate and is destined to become a landmark text for students, scholars and policy-makers in food studies, agriculture, rural sociology, and geography.

The focus of this article is the enforcement powers of New Zealand's new financial markets conduct regulator, the Financial Markets Authority (FMA). The article traces a shift from an enforcement regime reliant on private enforcement towards a robust public enforcement regime, and considers some of the implications of that shift. In the process, an overview of the enforcement debate is provided. Taking a cue from the scholarship on responsive regulation and the concept of "enforcement pyramids", it compares the enforcement regime prior to the establishment of the FMA to the new framework. In particular, the article discusses the extended regime for enforceable undertakings, the FMA's power to commence or take over civil proceedings, the infringement notice regime, the licensing regimes for financial intermediaries, and civil and criminal liability under the upcoming Financial Markets Conduct Act. The article concludes that New Zealand has finally moved from a light touch regulatory approach towards an enforcement regime that should facilitate a responsive, proactive approach to regulation.