What are your rights during the recall of an exploding phone?

"When a business supplies you with a product for personal or household use and there's a problem with it, you have the right to ask them to fix the problem under the CGA [Consumer Guarantees Act]," explains Mark Hollingsworth, the consumer protection manager at Ministry of Business Innovation & Employment.

"If the problem is serious you can take the product back and ask to choose a replacement of the same type and similar value, or ask for a full refund of the amount you purchased it for. A product that is unsafe is an example of a serious problem."

"Your first point of call should be with the retailer who sold you the product," Hollingsworth said.

"Every situation and product is different, but the retailer should be able to assess whether it can be fixed, or is serious and cannot be fixed. They should then be able to let you know what your options are, for instance receiving a replacement product or a refund. Knowing your consumer rights and what a business is obliged to do under the CGA can make things easier for everyone."

READ MORE: Hamilton electrical technician a Samsung fan no more after new replacement phone overheats.

Hollingsworth said in the wake of the Samsung Note7 fiasco, MBIE was reminding consumers of their rights.


On Tuesday, the world's biggest phone maker said it is ending production of its problematic Galaxy Note 7 smartphones, taking the drastic step of killing off a device in one of the deepest crises in its history. It had already recalled the Note 7 once last month after early models exploded and the latest move comes after customers reported that replacement phones were also catching fire.

"In the case of the Note7 phone, Samsung is offering consumers the option of a replacement phone, or a refund," Hollingsworth said.

"If you have a Samsung Galaxy Note7, we encourage you to get in touch with the place where you purchased the phone to take advantage of these options," he said.