How to Complain

This Topic Includes:
How to complain effectively
Visiting the trader
Writing a complaint letter
Taking your complaint further

This section provides you with tips on how to complain effectively. If you have a problem with something you have bought (either goods or services), the first step is to go back to the person selling the goods or providing the service and complain.

Most traders want the goodwill of their customers and will sort the problem out. Some traders may be more difficult to deal with. Use the information on this page to help you resolve your problem. If your problem is with an overseas internet retailer, see our page on internet shopping.

This section also contains links to information on the different Disputes Tribunals (for goods and service problems, and the specific Tribunal for motor vehicle purchases).

How to complain effectively

1. Collect anything in writing that can help prove your case eg, a receipt which proves the goods were bought from that shop on a certain date, or a quote for a service.
2. Decide what the problem is and check out your rights. Check in the Consumer Info section on such topics as Consumer Guarantees Act or Fair Trading Act to find out your rights when things go wrong.
3. List the facts about the complaint eg, the date, time, anything the trader or an assistant said about the goods or service.
4. If the goods were a gift - under the Consumer Guarantees Act if you have been given a gift that turns out to be faulty then the trader must deal with you rather than the person who bought the gift. The trader must also deal with you if you are using an exchange card for an unwanted gift. But the trader can insist on only dealing with the person who bought the gift in any other situation. Ask the person who gave you the gift if they are willing to complain for you. The trader may want to see the receipt.
5. Decide what you will say and rehearse it
6. Ask a friend to come with you for support
7. Next, visit the trader to discuss your complaint.

Visiting the trader to complain

• Be polite, but firm and clear. Some traders have a policy of refunding your money and the sales assistant may sort the problem out straight away.
• If you have no success with the assistant ask to speak to the manager or owner of the business. Don't be put off by an assistant who won't let you speak to their supervisor or manager.
• Explain the problem - eg, "I bought this pair of shoes here two weeks ago and now the strap has broken".
• Tell the trader what you want done about the problem - eg, "If you can do the job within two weeks I want the strap neatly repaired. Otherwise I want my money back please".
• Don't get into arguments about whose fault the problem is. Don't lose your temper.
• Don't let the trader say the goods must go back to the manufacturer. The trader must get the problem fixed.
• Keep repeating what is wrong with the goods or service and what you want done about it.

Writing a complaint letter

Sometimes it's important to write to a trader. Keep a copy of your letter. Send only copies of documents with your letter. Do not send originals as they may get lost.

In your letter you should say:

• what the product or service is and what it cost
• where and when you purchased the product or service
• what the problem is
• what you want done
• when you want a reply by.

Visit the Consumer NZ website for sample letters covering a variety of situations.

Taking your complaint further

If meeting with the trader or a letter does not resolve the problem you may consider taking your complaint to one of the following:

Trader organisations

Many traders belong to specific organisations for their industry. Some have complaints' handling schemes that can be used to resolve a complaint. If your complaint is about the way a trader treated you or your complaint this is the best avenue for you. There is often either no charge or a small fee to use these services.

Some trader organisations with websites are listed on our Useful Links page.

Disputes Tribunals

Check out our pages on using the Disputes Tribunal. The tribunal can hear claims to do with a breach of contract, Consumer Guarantees Act, Fair Trading Act. The Motor Vehicle Disputes Tribunal can hear claims about defective used vehicles bought from licensed dealers.

Using the media

This should not be considered unless the matter can not be heard by the Disputes Tribunal and you have done all you can to resolve the dispute. This is a last resort for some who think that other people could learn from their experiences.