What must be proven if conduct is suspected of being misleading and deceptive?

The requirement to prove that there is a reasonable likelihood that a significant portion of the public would be misled is central to claims of misleading and deceptive conduct under New Zealand consumer law. This standard shifts the focus from the intent behind the conduct to the potential impact of the conduct on consumers. In essence, it recognizes that misleading conduct can occur even in the absence of deliberate intent to deceive.

The law aims to protect consumers by prohibiting conduct that is likely to mislead or deceive them, regardless of whether the party engaging in the conduct meant to mislead anyone. Therefore, it's crucial to demonstrate that the misleading characteristics of the conduct would be perceived as such by a reasonable segment of the public, ensuring that consumer interests are safeguarded by focusing on the effects of the conduct rather than the motivations behind it.

This approach streamlines the process for addressing consumer protection issues and aligns with the broader principles of fairness and transparency in commerce. By concentrating on the likelihood of consumer confusion or deception, the law fosters greater accountability and promotes ethical business practices.