Who has the responsibility to prove compliance with consumer law in case of disputes?

In the context of New Zealand Consumer Law, the responsibility to prove compliance generally falls on businesses. This principle is grounded in the idea that businesses are in a better position to understand and comply with the legal requirements associated with the products or services they provide.

When a dispute arises, the onus lies with the business to demonstrate that they have met the obligations set out in the Consumer Guarantees Act, the Fair Trading Act, and other relevant legislation. This could involve showing that a product meets certain quality standards or that advertising was not misleading, for example. The legal framework is designed to protect consumers, who may not have the same level of resources or information available to them to challenge a business's conduct effectively.

Understanding this allocation of responsibility is crucial for both consumers and businesses as it shapes their approach to compliance and dispute resolution. Consumers are empowered to hold businesses accountable without bearing the burden of proving wrongdoing on their part, thereby fostering a fair marketplace.