A bill championing the “right to repair” for consumers has cleared its first reading in Parliament, marking a significant step towards a more sustainable and cost-effective future for New Zealanders. The Consumer Guarantees (Right to Repair) Amendment Bill, sponsored by Green Party Co-leader Marama Davidson, aims to empower consumers to fix their own belongings, reducing waste and challenging the built-in obsolescence often favoured by large corporations.
The bill, which narrowly passed its first reading on Wednesday, would compel manufacturers to provide spare parts, repair information, software and tools, enabling consumers and independent repair shops to extend the lifespan of products ranging from smartphones to farm machinery. It also seeks to allow customers to require that items are repaired, instead of being forced to accept a replacement. This has significant ramifications for businesses, especially retailers, that often default to replacing items rather than fixing them.
“This is a significant step towards building a circular economy that empowers our people and protects our planet,” Davidson stated. She emphasised the dual benefits of the bill, highlighting its potential to both alleviate cost-of-living pressures and reduce the environmental impact of excessive waste. “This Bill combines climate action with cost of living relief. We can build a better future for ourselves whilst also making our lives easier today.”
The bill’s progress is a victory for consumer advocates and environmental groups who have long campaigned for such legislation. Professor Alex Sims of Auckland University, a member of the Right to Repair Coalition, described the bill as a “first step” and noted that New Zealand has been “lagging behind” other nations like the US, EU members, and Australia, which have already implemented similar laws.
However, Professor Sims also pointed out a potential weakness in the current bill: the Commerce Commission (ComCom) would lack the power to enforce compliance because the legislation is framed as an amendment to the Consumer Guarantees Act. She suggested that incorporating it into the Fair Trading Act would grant ComCom the necessary enforcement teeth.
Currently, if a New Zealander takes a product, like a phone, to be fixed by a repairer not authorised by the manufacturer, the warranty is usually voided. If the proposed law is adopted, this will change. Professor Sims commented that the bill would “really help people get stuff fixed a lot cheaper.”
The legislation also proposes repealing a current exemption that allows manufacturers to avoid providing repair facilities and parts if they notify consumers of this unavailability at the time of purchase. This change would place a much stronger onus on manufacturers to support the longevity of their products.
Law firm Bell Gully, in an analysis of the bill, highlights the “significant implications” for both suppliers and manufacturers. They note that the definition of “manufacturer” is broad, potentially encompassing retailers selling own-branded products and importers of goods where the foreign manufacturer lacks a New Zealand presence.
Bell Gully’s analysis underscores the potential challenges manufacturers will face. These include ensuring the availability of spare parts, managing the release of potentially sensitive information and software, and renegotiating supply agreements. The firm advises businesses to proactively assess the implications and engage in the public submission process.
The bill is now open for public submissions, with a deadline of April 3, 2025. The select committee process will provide an opportunity for further refinement and debate, as stakeholders weigh in on the details of this potentially transformative legislation. The passage of this bill represents not just a win for consumers, but a broader shift towards a more circular and sustainable economy for Aotearoa.