Disclaimer (New Zealand)
DISCLAIMER
[Owner Name] | NZBN [Owner NZBN]
Effective Date: [Effective Date]
1. INTRODUCTION
This Disclaimer is published by [Owner Name] (NZBN [Owner NZBN]), of [Owner Address], [Owner City] [Owner Postcode], New Zealand (“we”, “us”, or “our”). Disclaimer type: [Disclaimer Type]. Applies to: [Content Description].
By accessing or using [Website URL] (the “Site”) or any other content to which this Disclaimer applies, you accept and agree to this Disclaimer in full. If you do not agree with this Disclaimer, please do not use the Site or rely on the content.
This Disclaimer is governed by the laws of New Zealand, including the Fair Trading Act 1986, the Contract and Commercial Law Act 2017 (CCLA), and the Consumer Guarantees Act 1993 (CGA). Nothing in this Disclaimer excludes or limits any right or remedy available to you under those Acts.
2. GENERAL DISCLAIMER
2.1 The content published by [Owner Name] on [Website URL] and elsewhere is provided for general information purposes only. It is not intended to be comprehensive or to address the specific circumstances of any individual or entity.
2.2 We make no warranty, express or implied, and accept no responsibility for any loss, injury, claim, liability, or damage of any kind resulting from your use of the content we publish, or from your reliance on any information contained in the content.
2.3 Nothing in this Disclaimer limits or excludes any liability for fraud, for death or personal injury caused by negligence, or for any liability that cannot be excluded or limited under the Consumer Guarantees Act 1993 or any other applicable New Zealand law.
3. GOVERNING LAW AND JURISDICTION
3.1 This Disclaimer is governed by the laws of New Zealand, including the Contract and Commercial Law Act 2017, the Consumer Guarantees Act 1993, and the Fair Trading Act 1986.
3.2 Any dispute arising under or in connection with this Disclaimer is subject to the non-exclusive jurisdiction of the courts of New Zealand.
4. CHANGES TO THIS DISCLAIMER
4.1 We may update this Disclaimer from time to time to reflect changes in law, our business practices, or the content we publish. The updated Disclaimer will be published with a revised effective date.
4.2 By continuing to use the Site or our content after any changes are published, you accept the updated Disclaimer.
5. CONTACT
If you have any questions about this Disclaimer, please contact us at [Contact Email] or write to [Owner Name], [Owner Address], [Owner City] [Owner Postcode], New Zealand.
Authorised Representative
________________
Signature
What Is a Disclaimer (New Zealand)?
A Disclaimer in New Zealand records the disclaimer arrangement agreed between the parties and the specific obligations each side accepts, forming a binding agreement under the Companies Act 1993.
In New Zealand, the legal framework governing disclaimers is anchored in the Fair Trading Act 1986 (FTA) and the Consumer Guarantees Act 1993 (CGA). These Acts place important limits on the scope of effective disclaimers — most significantly, a disclaimer cannot exclude liability for misleading or deceptive conduct under the FTA, and cannot exclude consumer guarantee rights under the CGA in consumer transactions.
The Fair Trading Act 1986 is the primary consumer protection legislation in New Zealand. Section 9 of the FTA prohibits any person from engaging in trade in conduct that is misleading or deceptive, or is likely to mislead or deceive. This prohibition is absolute and cannot be disclaimed. A business that publishes false or misleading information in trade cannot escape liability under the FTA by including a disclaimer. The Commerce Commission enforces the FTA and can take action against businesses for misleading conduct.
The Consumer Guarantees Act 1993 implies mandatory guarantees into every contract for the supply of services to a consumer in New Zealand. These guarantees cannot be excluded in consumer transactions. Under section 43(3) of the CGA, any term of a consumer contract that purports to exclude or modify a consumer guarantee is void. A disclaimer can include language contracting out of the CGA, but this is only effective in genuine business-to-business transactions where both parties are in trade, and only if the contracting-out is in writing and is fair and reasonable.
The Contract and Commercial Law Act 2017 (CCLA) governs the general law of contract in New Zealand and applies to the agreement between a website operator and its users, which is typically embodied in the terms and conditions and which the disclaimer forms part of.
The Privacy Act 2020 is also relevant to disclaimers for websites and digital services. The Privacy Act requires all New Zealand agencies that collect, hold, use, or disclose personal information to comply with 13 Information Privacy Principles (IPPs). A website disclaimer should include a brief privacy notice and direct users to the full privacy policy.
A well-drafted New Zealand disclaimer clearly identifies the content it covers, sets out the limitations on responsibility that the publisher is entitled to impose under law, includes mandatory savings clauses preserving FTA and CGA rights, and provides contact information for enquiries.
When Do You Need a Disclaimer (New Zealand)?
A Disclaimer is needed whenever a New Zealand business or individual publishes content — on a website, in a blog, in a newsletter, in a report, or in any other medium — and wishes to limit its liability for reliance on that content.
A website disclaimer is essential for any New Zealand website that publishes information content, including informational articles, blog posts, guides, calculators, tools, or any other content that users might rely on to make decisions. Without a disclaimer, users may argue that they relied on the website content to their detriment and seek compensation.
Professionals who publish information in their area of expertise — but who are not providing personalised advice — need a professional advice disclaimer. Lawyers, accountants, financial advisers, doctors, engineers, and other qualified professionals often publish general information online or in newsletters. A disclaimer that clearly states the content does not constitute professional advice, and that readers should seek qualified advice for their specific circumstances, is essential to manage liability.
A New Zealand business that publishes health or medical information — including fitness, nutrition, wellness, or mental health content — needs a medical disclaimer. This is particularly important because medical information can be acted upon in ways that cause harm if the information is outdated, inaccurate, or inapplicable to the reader's circumstances.
Financial services businesses, investment commentators, and anyone publishing financial information in New Zealand need a financial information disclaimer. Under the Financial Markets Conduct Act 2013, financial advice services in New Zealand are regulated by the Financial Markets Authority (FMA), and a disclaimer should make clear that general financial information is not personalised financial advice.
A disclaimer is also important when a website links to third-party websites, as users may hold the linking website responsible for the content of linked pages. An external links disclaimer protects against claims arising from third-party content.
Software developers and app publishers in New Zealand should include a disclaimer in their terms of service addressing the accuracy of software outputs and the limitation of liability for software errors or failures.
What to Include in Your Disclaimer (New Zealand)
A well-drafted New Zealand Disclaimer should include the following key elements to be effective and compliant with applicable law.
Owner Identification — Clearly identify the publisher of the disclaimer by full legal name (and company name ending in Limited or Ltd, where applicable) and NZBN. This establishes who is relying on the disclaimer and who is responsible for the content.
Scope of Application — Clearly describe the content, website, publications, or services to which the disclaimer applies. A disclaimer that is too vague may not be enforceable against a user who claims they did not know the disclaimer applied to the content they relied on.
General Disclaimer — State that the content is provided for general information purposes only and is not thorough or tailored to any individual's circumstances. Include a general exclusion of liability to the extent permitted by law.
Professional Advice Disclaimer — Where applicable, explicitly state that the content does not constitute professional advice (specifying the type — legal, medical, financial, tax, etc.) and direct users to seek qualified professional advice for their specific circumstances.
Accuracy and Currency — Disclaim responsibility for the accuracy, completeness, and currency of the information, while acknowledging that this disclaimer does not authorise the publication of misleading information. Include a statement that laws and regulations change and that the publisher cannot guarantee that information is current.
External Links — Disclaim responsibility for the content of third-party websites that are linked to from the publisher's content.
Limitation of Liability — Include a limitation of liability clause to the fullest extent permitted by law, covering direct, indirect, and consequential loss. Include mandatory savings clauses confirming that nothing in the disclaimer limits liability for: misleading or deceptive conduct under the Fair Trading Act 1986; consumer guarantee rights under the Consumer Guarantees Act 1993; death or personal injury caused by negligence; or fraud.
Privacy Notice — Include a brief notice that personal information is handled in accordance with the Privacy Act 2020 and direct users to the full privacy policy.
Governing Law — Specify that the disclaimer is governed by the laws of New Zealand and that disputes are subject to New Zealand courts. The forms-legal.com Disclaimer (New Zealand) provides a ready-to-use template that meets New Zealand legal requirements.
Cite this page
Reference this free template in an article, syllabus, or research note:
Forms Legal. (2026). Disclaimer (New Zealand) (New Zealand) [Legal document template]. Forms Legal. https://forms-legal.com/new-zealand/business/contracts/disclaimer-new-zealand
"Disclaimer (New Zealand) (New Zealand)." Forms Legal, 2026, https://forms-legal.com/new-zealand/business/contracts/disclaimer-new-zealand.
@misc{formslegal-disclaimer-new-zealand,
author = {{Forms Legal}},
title = {Disclaimer (New Zealand) (New Zealand)},
year = {2026},
howpublished = {\url{https://forms-legal.com/new-zealand/business/contracts/disclaimer-new-zealand}},
note = {Free legal document template. Based on Companies Act 1993}
}Also available for these jurisdictions:
Frequently Asked Questions
No. Under section 9 of the Fair Trading Act 1986 (FTA), no person may in trade engage in conduct that is misleading or deceptive or is likely to mislead or deceive. This prohibition cannot be contracted out of or disclaimed. A disclaimer that purports to exclude liability for misleading or deceptive conduct under the FTA is void and unenforceable under New Zealand law. The Commerce Commission has the power to take enforcement action against businesses that engage in misleading conduct, regardless of any disclaimer. A disclaimer is effective for limiting liability for general inaccuracies, opinions, or errors in non-deceptive content, but it cannot protect a business from the consequences of deliberate or careless misrepresentations in trade. When drafting a New Zealand disclaimer, it is important to include an express savings clause confirming that nothing in the disclaimer limits liability under the FTA or the Consumer Guarantees Act 1993.
In consumer transactions, a disclaimer cannot exclude or limit rights under the Consumer Guarantees Act 1993 (CGA). The CGA implies mandatory guarantees into every contract for the supply of services to a consumer — including online services, information services, and digital products supplied to individuals for personal, domestic, or household use. These guarantees include that services will be carried out with reasonable care and skill (section 28) and that they will be fit for any particular purpose made known to the supplier (section 29). Under section 43(3) of the CGA, any term of a contract that purports to exclude, restrict, or modify a consumer guarantee is void against a consumer. However, where both parties are in trade — in a genuine business-to-business transaction — section 43 permits the parties to agree in writing to exclude the CGA guarantees, provided it is fair and reasonable to do so. A disclaimer that is used in a B2B context can therefore include CGA contracting-out language, but this language will have no effect against a consumer.
A professional advice disclaimer published by a New Zealand business or professional should clearly state: (1) the type of advice the content does not constitute — for example, legal, medical, financial, tax, or investment advice; (2) that the content is provided for general information and educational purposes only; (3) that readers should seek qualified professional advice from an appropriately registered or licensed adviser before making any decision based on the content; and (4) that the publisher is not responsible for any loss or damage arising from reliance on the content. The disclaimer should also acknowledge that laws and regulations change and that the accuracy of legal, financial, or regulatory content may be affected by subsequent changes in law. In New Zealand, legal information — as distinct from legal advice — can be published by non-lawyers, but a disclaimer should make clear that the information does not create a solicitor-client relationship and does not constitute legal advice within the meaning of the Lawyers and Conveyancers Act 2006.
The Privacy Act 2020 requires New Zealand businesses and organisations that collect, use, store, or disclose personal information to comply with the 13 Information Privacy Principles (IPPs). While a disclaimer is not a substitute for a thorough privacy policy, a website disclaimer should include a brief notice that personal information submitted through the website or collected during use is handled in accordance with the Privacy Act 2020. The Privacy Act 2020 introduced mandatory privacy breach reporting — if a privacy breach is likely to cause serious harm, the business must notify both the Privacy Commissioner and the affected individuals. The Privacy Act 2020 also strengthened individuals' rights to access and correct personal information held about them by an agency. A disclaimer that includes a privacy notice should direct users to the full privacy policy for detailed information about data collection and handling practices, and should provide contact details for privacy enquiries.
An external links disclaimer can reduce, but not entirely eliminate, a New Zealand website operator's potential liability for linked third-party content. Under the Fair Trading Act 1986, a website operator could in principle be liable for misleading conduct if it links to a third-party website containing false or misleading information, in circumstances where the operator knew or should have known the linked content was misleading and the link could be taken as an endorsement. A well-drafted external links disclaimer should state that links to third-party websites are provided for convenience only, that the operator does not endorse or take responsibility for linked content, and that users access linked websites at their own risk. The disclaimer should make clear that the operator exercises no control over third-party website content. While such a disclaimer significantly reduces the risk of liability, it does not provide absolute protection — particularly if the operator has an ongoing commercial relationship with the linked website or if the link could reasonably be interpreted as an endorsement of false information.
This template is provided for informational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change over time. Consult a qualified attorney for advice specific to your situation.Full disclaimer
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