Are Parents Liable for a Child’s Online Purchases in New Zealand?

In today’s digital age, children have unprecedented access to online shopping and the ability to make purchases with just a few clicks. But what happens when a child makes an unauthorized online purchase without their parent’s knowledge or consent? Are parents liable for a child’s online purchases under New Zealand law? Let’s explore this topic in detail.

The Rise of Online Shopping and Children’s Access

Online shopping has become increasingly prevalent in recent years, with more and more consumers turning to the internet to purchase goods and services. This trend has been accelerated by the COVID-19 pandemic, which has driven even more people to shop online. Children, who are often tech-savvy and comfortable with digital devices, have also been exposed to online shopping at a young age.

Many online platforms and apps make it easy for children to make purchases, sometimes without requiring parental consent or verification. This has led to instances of children racking up significant bills on their parents’ credit cards or linked accounts without their knowledge.

Parental Responsibility and the Care of Children Act 2004

In New Zealand, the question of parental liability for a child’s online purchases falls under the broader umbrella of parental responsibility. The Care of Children Act 2004 sets out the legal principles governing the care and guardianship of children in New Zealand.

Section 16 of the Care of Children Act 2004 states:

The duties, powers, rights, and responsibilities of a guardian of a child include (without limitation) the guardian’s—
(a) having the role of providing day-to-day care for the child; and
(b) contributing to the child’s intellectual, emotional, physical, social, cultural, and other personal development; and
(c) determining for or with the child, or helping the child to determine, questions about important matters affecting the child.

This suggests that parents have a duty to provide care and guidance for their children, including in matters related to their online activities and purchases.

Contract Law and Minors

Another relevant area of law when it comes to a child’s online purchases is contract law. In New Zealand, contracts entered into by minors (individuals under the age of 18) are generally not enforceable against the minor. This is based on the principle that minors lack the legal capacity to enter into binding contracts.

However, there are some exceptions to this rule. For example, contracts for “necessaries” (goods or services necessary for the minor’s maintenance or education) may be enforceable against a minor. Additionally, if a minor has misrepresented their age and the other party reasonably believed they were dealing with an adult, the contract may be enforceable.

Practical Steps for Parents

While the legal landscape around parental liability for a child’s online purchases is complex, there are practical steps parents can take to mitigate risks and protect themselves:

• Set clear rules and boundaries around online shopping and purchases
• Educate children about responsible online behavior and the consequences of unauthorized purchases
• Use parental controls and restrictions on devices and accounts to limit children’s ability to make purchases
• Monitor children’s online activities and regularly review account statements for any unauthorized charges
• Contact merchants or platforms promptly if unauthorized purchases are discovered to dispute the charges and seek a resolution

For personalized guidance on your specific situation, it’s always best to consult with an experienced family lawyer like Naomi Cramer, one of New Zealand’s top family law attorneys. Naomi offers expert advice and representation in all areas of family law, including parental responsibility and child-related matters.

Conclusion: Parental Liability for a Child’s Online Purchases

In conclusion, the question of whether parents are liable for a child’s online purchases in New Zealand is not a straightforward one. While parents have a general duty to provide care and guidance to their children under the Care of Children Act 2004, the enforceability of contracts entered into by minors is limited. Parents should take proactive steps to educate and monitor their children’s online activities and seek legal advice if they find themselves facing liability for unauthorized purchases.

If you need expert legal guidance on parental liability for a child’s online purchases or any other aspect of family law in New Zealand, contact Naomi Cramer today. With her extensive experience and client-focused approach, Naomi can help you navigate the complexities of the law and protect your rights as a parent.

Check out Naomi’s informative YouTube channel for more insights and tips on New Zealand family law topics.

No solicitor-client relationship is created by this article. The author and owner shall not be liable for your reliance on the information contained in this article. Readers should obtain their own independent legal advice.