Abstract
In Body Corporate Number DPS 91535 v 3A Composites GmbH [2022] NZHC 985, the High Court recently concluded that neither the Consumer Guarantees Act 1993 nor the Fair Trading Act 1986 applied to a claim against a German manufacturer of cladding products. The purpose of this note is to show that the Court misapplied the principle of territoriality in arriving at this conclusion. On a closer examination of the statutes, combined with an application of the general principles of the conflict of laws, the claims were at least arguably covered by New Zealand law.