Your Rights Under the Fair Trading Act When Dealing with Funeral Directors in New Zealand

New Zealand has no mandatory itemised price list requirement for funeral directors. In the United States, funeral homes are legally required to provide a printed General Price List under the FTC Funeral Rule. In the UK, the Competition and Markets Authority has pushed for transparent upfront pricing. New Zealand has neither.

What you have instead is the Fair Trading Act 1986 and the Consumer Guarantees Act 1993 — two pieces of legislation that apply to funeral directors exactly as they apply to any other business in New Zealand. The protections are real, but only if you know they exist and are willing to use them.

Why NZ is different — no mandatory price disclosure

The absence of a mandatory price list rule matters in practice. It means a funeral director in New Zealand is not legally required to display prices, hand you a written price list on request, or proactively disclose what each component of a funeral costs. Some do — often because they're FDANZ members following the association's code — but many don't.

The result is that grieving families, in a state of acute distress, often agree to arrangements without a clear written breakdown of costs. Invoices arrive later. The total can be significantly higher than expected.

This dynamic is well-documented. Consumer NZ and the Commerce Commission have both received complaints about opaque funeral pricing. Understanding your rights under the Fair Trading Act before you sign anything is the single most effective way to protect yourself.

What the Fair Trading Act protects you from

The Fair Trading Act 1986 prohibits misleading or deceptive conduct in trade. It applies to funeral directors as commercial operators. Relevant protections include:

Misleading conduct about price. If a funeral director verbally indicates an approximate cost, then invoices substantially more, this may constitute misleading conduct under the Act — particularly if the verbal estimate was used to secure your agreement.

Deceptive bundling. Presenting a package price without making clear which items are mandatory (legally required or operationally necessary) and which are optional is potentially deceptive. You're entitled to understand what you're actually buying.

Misleading statements about what's required by law. Embalming is not legally required in New Zealand for a standard domestic funeral. If a funeral director tells you it is — or implies it's necessary when it isn't — that statement may breach the Fair Trading Act.

Verbal promises not reflected in the contract. If something is agreed verbally and then absent from the written contract, you have limited legal recourse. The Act doesn't fix a poorly drafted contract — which is why getting everything in writing before signing matters.

The Consumer Guarantees Act 1993 adds further protection: services must be carried out with reasonable care and skill, be fit for purpose, and completed within a reasonable time. These are implied into every consumer contract — not optional extras.

What you're entitled to ask for

Before signing any funeral contract, you are entitled to request a written itemised estimate. A funeral director who refuses to provide one, or who pressures you to sign before receiving written pricing, should be treated with caution.

An itemised estimate should break out: transfer and storage of the body; embalming (if requested); coffin or casket with individual pricing; the funeral director's professional service fee; cremation or burial fee; death notices; chapel or venue hire; transport; flowers and catering; and any death certificates ordered on your behalf.

Once you have an itemised breakdown, you can make informed decisions about what to include and what to decline or source elsewhere.

Services that are legally optional in NZ

Knowing what you can decline is as important as knowing what you're entitled to ask for. The following are legally optional in New Zealand for a standard domestic funeral:

Embalming. Embalming is not required by New Zealand law for a standard burial or cremation within the country. It's recommended in certain circumstances — if the family wants an open-casket viewing over several days, if the death occurred in circumstances that affect appearance, or if the body is being transported internationally. But if none of those apply and the funeral is proceeding promptly, you can decline embalming. Some funeral directors include it as a default in their packages; ask directly whether it's necessary for your specific situation.

Upgraded casket. You have the right to purchase a casket from a third party and have the funeral director use it. Some funeral directors discourage this or charge a "handling fee" for non-supplied caskets — this is worth asking about upfront. The casket a funeral director is required to use for cremation is typically a cremation-compliant container; they cannot insist on an expensive coffin as a condition of proceeding.

Newspaper death notices. Publishing a death notice is a personal choice, not a legal requirement. If your family is notifying people through other channels — social media, direct contact — you can decline this service.

Flowers and catering. If the funeral director offers to arrange flowers or catering, you're not obligated to use their suppliers. Many families source these independently at lower cost.

Chapel hire. You can hold a funeral service at a church, community hall, family property, or outdoor location. Using the funeral director's chapel is convenient but not mandatory.

How to challenge a funeral director under the Fair Trading Act

If you believe a funeral director has engaged in misleading conduct or overcharged you, there's a three-step escalation path.

Step 1: Direct complaint. Write to the funeral director, citing the specific concern and referencing the Fair Trading Act 1986. Be specific: what was represented, what was actually delivered, and what you're seeking (refund, reduction, explanation). Many disputes are resolved at this stage, particularly if the funeral director values their reputation or FDANZ membership.

Step 2: FDANZ complaints process. If the funeral director is a member of the Funeral Directors Association of New Zealand (FDANZ), you can lodge a complaint with FDANZ within 90 days of the conduct. FDANZ investigates complaints about breaches of its Code of Practice — professional conduct, service standards, ethical behaviour.

One important limitation: FDANZ does not arbitrate fee disputes. If your complaint is solely about price — you think you were overcharged — FDANZ is not the right avenue. FDANZ handles practice violations, not contract disagreements. Also note that FDANZ membership is voluntary; not all funeral directors are members. Check at fdanz.co.nz.

Step 3: Disputes Tribunal. For fee disputes, breach of contract, or consumer guarantees claims, the Disputes Tribunal is the most practical forum. Since January 2026, the limit was raised to $60,000 — covering the vast majority of funeral cost disputes. The Disputes Tribunal is cheaper and faster than the District Court, doesn't require a lawyer (though you can bring one), and is designed for exactly these kinds of consumer disputes.

To file, contact your local court registry. There's a filing fee (based on claim amount), and hearings are typically scheduled within a few weeks of filing. The decision is binding.

For Fair Trading Act complaints involving systemic or industry-wide conduct — not just your individual dispute — the Commerce Commission is the right agency. They can investigate and take enforcement action, though they won't resolve an individual consumer dispute for you.

Is the funeral director an FDANZ member? Why it matters

FDANZ membership signals that a funeral director has agreed to be bound by the association's Code of Practice, which includes commitments to transparent pricing, professional conduct, and handling complaints through the FDANZ process.

FDANZ members who breach the Code can be disciplined, and the complaints process provides a structured route that's faster than the Disputes Tribunal for conduct issues.

That said, membership is not a guarantee of good practice, and non-membership is not a red flag by itself — there are reputable funeral directors who don't belong to FDANZ. But if you're choosing between two funeral directors and one is an FDANZ member, the code-bound accountability is a meaningful consideration.

Check membership at fdanz.co.nz before engaging a funeral director, particularly if you're making arrangements under time pressure and won't have much opportunity to compare providers.

Consumer NZ (consumer.org.nz) has practical guidance on challenging funeral quotes and navigating the complaints process if you need additional support.

For a plain-English guide to all of the legal frameworks that apply when managing a death in New Zealand — from death registration through estate administration to consumer rights — see our New Zealand Funeral Laws & Consumer Rights Guide.

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