What type of damages were commonly claimed under section 43 of the FTA?

Section 43 of the Fair Trading Act (FTA) in New Zealand primarily deals with misleading or deceptive conduct and unfair practices. Under this section, individuals and businesses can claim damages in the form of restitution and compensation. Restitution aims to restore a party to a position they would have been in had the misleading conduct not occurred, while compensation addresses actual losses suffered as a result of the wrongful conduct.

This aligns with the principle that consumers should not lose out financially due to misleading or deceptive behavior from traders. The framework established by the FTA is intended to support fair trading practices and protect consumer rights, making restitution and compensation the most appropriate forms of damages under section 43.

In contrast, punitive damages, which seek to punish the wrongdoer rather than compensate the victim, are generally not applicable under New Zealand consumer law, as the focus is on restoring losses rather than penalizing conduct. Injunctions, while a possible legal remedy, are not classified as a type of damage and are instead preventive measures intended to stop further misleading conduct. Emotional distress claims may exist in other legal contexts but are not typically pursued in the framework of the FTA occurring from misleading conduct. Thus, restitution and compensation are the correct types of damages commonly claimed under this section