Can businesses use "terms and conditions" to escape liability under consumer law?

The assertion that businesses cannot deny consumer rights through their "terms and conditions" is grounded in the principles of New Zealand consumer law. The Consumer Guarantees Act (CGA) and the Fair Trading Act (FTA) provide certain inalienable rights to consumers, which cannot be overridden by contractual terms.

Under the CGA, consumers are automatically entitled to guarantees regarding the quality and fitness of goods and services. These guarantees exist independently of any terms and conditions that a business may impose. Therefore, even if a business's terms and conditions include clauses that attempt to limit or exclude liability, such clauses are generally considered unenforceable if they contradict the protections afforded to consumers under these laws.

Additionally, the FTA protects consumers from misleading and deceptive conduct, ensuring that terms and conditions must be clear and not misleading. Businesses must uphold these rights, and any attempt to escape liability through terms and conditions would likely be seen as non-compliant with the law.

This understanding is crucial for both consumers and businesses, as it clarifies that statutory rights take precedence over any contractual stipulations aimed at limiting liability. Consequently, the framework of New Zealand consumer law firmly establishes that consumers have rights that cannot be negated by a business's terms and conditions.