Powered by People

Articles and Legal News

Please note all of our news and articles are for general information purposes only and do not constitute legal advice. For advice tailored to your circumstances please contact your Saunders & Co lawyer. As well as providing regular news updates on the feed adjacent, we also provide a personalised news email service. To choose what news we send you, click here.

Online Trading – What are your obligations?

Online auction websites (like TradeMe) can be an easy stepping-stone towards starting or growing a business. The systems are already in place and there are relatively few barriers to entry. As with any business it is important to be aware of your rights and obligations. Typically, running a business in an online auction environment is no different to running any other business. Outlined below are some issues to keep in mind.

Income Tax Act 1997 (ITA)

Any amount you derive from a business is income, and can attract tax. The ITA provides that ‘business’ includes any profession, trade, or undertaking carried on for profit. If you intend to make a profit, the presumption is that you are operating a business.

There is no minimum threshold for income tax. Even small, part-time, hobby or after-school businesses must pay tax on income earned. If annual turnover exceeds $60,000 you will also be required to register and account for GST.

If you sell something because you no longer want or need it or it is incidental to your recreational pursuit, you will not typically have an obligation to pay income tax. This is because your primary motivation was not to make a profit, so you are not operating a business for the purposes of the ITA.

Fair Trading Act 1986 (FTA)

The FTA applies to online selling only when a seller is ‘in trade’. The definition of ‘trade’ is wider than the definition of ‘business’ under the ITA. ‘Trade’ includes “any trade, business, industry, profession, occupation, activity of commerce, or undertaking relating to the supply or acquisition of goods or services or to the disposition or acquisition of any interest in land.” With such a wide definition, it may not always be easy to determine whether or not you are ‘in trade’. If in doubt, seek legal advice.

Those in trade have wide obligations under the FTA, which details that you must:

  • make it clear to potential buyers you are ‘in trade’,
  • have a reasonable basis for claims that you make about your products or services,
  • not make representations that mislead or deceive consumers about the product or their rights,
  • not bury qualifications, limitations and other important terms in fine print or on a link-through web-page,
  • not offer to sell goods or services that you do not reasonably believe you can supply. If you source goods from a supplier only once the product has
    been sold, you must ensure any representations you have made about availability and delivery times are accurate.

Consumer Guarantees Act 1993 (CGA)

The CGA applies to goods and services you sell while ‘in trade’. The CGA implies a warranty that the goods sold match their description, are fit for their purpose, are of acceptable quality and will last for a reasonable time having regard to the price. If you breach one of these implied warranties, you may be required to repair or replace the product within a reasonable time, or provide a full refund.

Many people fall into the trap of thinking these rules won’t apply, because their business is small, part time or just a hobby. If you have any doubts about whether you are in trade or running a business, or if you are unsure of your obligations, you can seek legal advice.

"Through this time we have required the services of the firm for business, personal, and litigation purposes. We have never felt a moment's hesitation in remaining with the firm, and expect to continue a long and prosperous relationship with Saunders & Co. into the future."

Colin and Julie Erickson, Cube Developments Limited

"Excellent law firm to deal with. Excellent communication and service."

Carmel Kokshoorn, Property Owner

"Thanks Hornby Law for your professional and helpful advice. It is nice when everything runs smoothly."

Barry and Natalie Gibb

"We have found them reliable, timely and professional. They have added value to our business by being effective and decisive. Their friendly manner whilst conducting business means that we have felt comfortable seeking their advice no matter how major or minor the query may be. We would have no hesitation in recommending Saunders & Co to family, friends and business associates."

Cymon and Angela Allfrey, Cymon Allfrey Architects Ltd

"Very prompt and efficient service. I have been very well informed and kept up to date on matters. To be recommended. Thank you."

Suzanne Henderson, Property

"The professional and friendly service provided by Jenni Hunter allowed us to buy our first home without fuss stress or delays, absolutely seamless! Amenable, and more importantly always accessible to clarify and assist, Jenni proved you can get an exclusive personal service without paying Auckland barrister prices."

James Craig, Home Buyer

"Always happy with service and professionalism at Hornby Law. Never had any reason or desire to change firms; friendly, welcoming, professional and easy to do business with."

Frans and Rose-Marie van Zoggel

"Thank you Ria and your team for the excellent work in completing the sale on such a short turnaround, that's why I always use Saunders & Co."

Ashley Patten, Property Owner

"I have worked with Saunders & Co on both a professional and personal basis for over 10 years. I have always found their service and quality of legal advice to be first rate. Attention to detail and timeliness is important to our business, and Saunders & Co have always performed in these critical areas."

Ian McNabb, Ngai Tahu Property Limited