Right to Repair

A Right to Repair working group was formed towards the end of 2019 to investigate whether Aotearoa needs Right to Repair legislation, to complement an e-waste product stewardship scheme. The group wrote an article on Right to Repair, featured in the March 2020 issue of revolve and which was then republished in the American Association of Public Works magazine in June. In September 2020 the working group produced a report entitled “Pathways to Right to Repair in Aotearoa”, which can be viewed here. An infographic summarising the report’s key points can be found here.

Summary of the Pathways to Right to Repair in Aotearoa

Right to repair makes it easier to get items repaired. Right to repair focuses on electronic goods and vehicles.

Right to repair does not mean a consumer always has the right to repair their own appliance or electronic good. Some electronic goods require a trained electrician (electric shock graphic!).

Right to repair laws can help to reduce the amount of e-waste created. Globally only 20% of e-waste is recycled.

What laws can enable right to repair?

Under the current Consumer Guarantees Act:

• Guarantees repairs and spare parts (for goods supplied in NZ) being available for a “reasonable” amount of time
• But if a consumer is told when they are purchasing an item that repairs and spare parts are not available then this guarantee does not apply
• Secondhand shops are included in the obligation to repair or provide spare parts.
• Many retailers require a refundable fee before they send an item to the manufacturer to see if it is repairable.

An improved Consumer Guarantees Act could:

• Provide a definition for a useful life of an electronic product in which spare parts and repairs must be available
• Define a period for how long an electrical product should expect to remain “fault free”
• Remove secondhand retailers from the obligation to offer repairs and spare parts (because secondhand retailers are already enabling an item’s life to be extended)
• Remove the ability for retailers to require a refundable fee before an item is sent to the manufacturer to be see if it is repairable (the fee stops many people getting items repaired)

The current Waste Minimisation Act includes the following:

• Once a product is announced as a priority product a regulated product stewardship scheme will be designed and implemented
• E-waste is one of the priority products that was announced in 2020 and a product stewardship scheme is being developed
• Under the WMA the scheme could require manufacturers to make diagnostic information, tools and parts to consumers and independent repairers available for a defined period of time
• Under the WMA the repair and refurbishment of electronic goods could be incentivised over recycling. This could include for demo models or “last year’s models” that have not been used by a consumer but are no longer being sold by a retailer
• The scheme could require labelling on products to indicate, for example, the availability of spare parts, ease of repair and whether batteries can be replaced easily by the consumer
• A landfill ban of the e-waste could be implemented

 The Waste Management Act is under review currently and a new improved WMA could:

• Embed the waste hierarchy in the Act
• Require that the waste hierarchy be followed when making decisions, designing product stewardship schemes, or making regulations under the Act
• Widen the definition of “Reuse” to include repair
• Mandate that products sold in Aotearoa must be designed to last longer, and be easier to repair and upgrade, recycle and reuse
• Incentivize manufacturers and retailers to keep the ownership and responsibility for a product throughout its lifecycle, with an emphasis on repairing the item onshore and supply of spare part

 The working group consists of:

Consumer NZ is also doing work on Right to Repair. They have recently launched a Built to Last campaign.