NZ shoppers have 'very few rights' for shop breakages

A Chinese tourist made headlines after she broke a $60,000 jade bracelet in a shop. Photo / South China Morning Post

Kiwi consumers have "very few rights" under consumer law if they break a product in a store or before they've paid for it.

A Chinese woman made headlines when she fainted after breaking a $60,000 jade bracelet in Yunnan yesterday. Her family paid an agreed value of $37,000 to the store's owner.

Duncan Cotterill lawyer Katrina Hammon said Kiwis could find themselves in the same predicament if they break items in stores.

"Until they have purchased goods, consumers have very few rights under consumer law.

"Usually the retailer would be covered by insurance, but you can't eliminate the possibility the insurer may pursue damages against the customer for negligence.

"It is a reminder to handle items with care but also a duty on the retailer to take care with their goods and ensure people are cautious with valuable items," Hammon said.

If the customer was careless, they would be liable to cover the cost of damage, Retail New Zealand's general manager of public affairs Greg Harford confirmed.

"If the customer was handling the item roughly, they will be held responsible for the breakage."

The same applied for retailers, Harford said.

"If the retailer had displayed negligence, for example if they had stacked the item poorly, they may be responsible."

First Retail New Zealand's managing director Chris Wilkinson said it would be "commercial suicide" for a company not to be insured for an item of that value.

"Businesses should be insured for breakages within stores, if they weren't there would have to be an agreement before entering the shop.

"Goods of high value should be locked behind a glass cabinet. It would be unreasonable to make items of that value available to the public."