Can businesses sell goods that are unsafe under New Zealand law?

Under New Zealand law, specifically the Consumer Guarantees Act 1993 and the Fair Trading Act 1986, businesses are prohibited from selling goods that are deemed unsafe. This reflects a strong emphasis on consumer protection and safety standards. The legal accountability on businesses extends to ensuring that products meet safety requirements and are safe for consumers to use. If a product poses a risk to the health or safety of consumers, it is considered not fit for purpose and thus cannot be sold.

The rationale behind this stringent approach is to prevent harm to consumers and to promote fair trading practices. Safety-related legislation requires that businesses take responsibility for the safety of their products, and selling unsafe goods can result in legal consequences, including penalties and damages claims.

This framework underlines the requirement for businesses to conduct due diligence regarding the safety of their products and to comply with safety regulations, making the sale of unsafe goods illegal regardless of warnings or labels that may suggest otherwise.