After weeks of Cook Strait ferry cancellations, Consumer NZ has lodged a complaint with the Commerce Commission against operators Interislander and Bluebridge.
Consumer NZ alleges the two companies are misleading passengers about their rights, breaching the Fair Trade Act.
Speaking to Breakfast this morning, Consumer NZ’s Jon Duffy said that while things like weather are uncontrollable for companies when a ship breaks down, they should compensate passengers for any expenses lost.
“We all understand that bad weather happens and ferries can’t sail, and when that happens, it’s the luck of the draw," he said.
“If you’re a passenger, you’re not necessarily entitled to any refunds for any further expenses you’re put through.
“But if the fault is within the control of the shipping companies, for example - their boats keep breaking down - then you are put to expense, you’ve gotta pay for accommodation, or you’ve gotta get a flight because you need to get to your destination, the consumer guarantees act actually guarantees compensation for consumers in those circumstances.”
He alleges the two companies service’s aren’t fit for purpose, which is why the watchdog is taking the case to the Commerce Commission.
Consumer New Zealand has received a “decent number” of complaints regarding the ferries, Duffy told Breakfast.
He talked about how some passengers have had to abandon their cars in Picton and fly to the North Island after breakdowns, which is a considerable expense.
“As a consumer, if you need to buy a ticket on a ferry that’s meant to get you to the destination port within a certain period of time and that doesn't happen, then the service that you’ve purchased isn’t fit for purpose.
“Particularly if it's cancelled due to something that is within the control of the shipping company."
He doesn’t see the situation changing anytime soon and hopes the complaint will be a wake-up call for the two companies.
“This is an urgent issue that’s not going away - the maintenance record, particularly of the Interislander, suggests they’re going to go on taking bookings but also experiencing mechanical issues.”
He wants to see a “clear ruling on what the commission thinks the law is and an appropriate enforcement action if they found the law has been broken”.
Duffy encouraged any disgruntled passengers who had been affected by the breakdowns to keep their receipts and take them to the disputes tribunal.
“It will cost you $50, but given the expense, people are being put to, that’s money well spent to recover the potentially thousands of dollars lost.”
Interislander Executive General Manager Walter Rushbroo told 1News they assess each customer's situation on a case-by-case basis, "but there are circumstances which mean some of the current delays are outside Interislander’s control".
"Depending on those circumstances, the Consumer Guarantees Act may not apply, but where it does or where we have obligations under our terms, we make sure we comply with those obligations, including appropriate compensation such as full refunds.
"The statutory regime for ferry operators is also very different to that of airlines due to a number of international treaties that apply to airlines."
He said they are happy to cooperate with the Commerce Commission should they decide to investigate.
Bluebridge have been contacted for comment.
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