SolarZero Billing Disputes: Your Rights Under the Fair Trading Act

If your SolarZero monthly payment has crept up, your contract terms have shifted under your feet, or you're being charged for something you don't think you agreed to, you have real legal protection and a free way to fight back. Under the Fair Trading Act 1986 a company cannot mislead you about what you're paying or quietly change the deal in ways your contract never allowed. And because SolarZero arrangements are a household energy service, most billing disputes can go to Utilities Disputes, the free and independent complaints scheme, at no cost to you. There's no filing fee, no lawyer required, and they can order a refund or a correction. The catch most people miss: you usually have to formally complain to the company first and give them a fair chance to fix it before Utilities Disputes will step in.

This matters because thousands of New Zealand households signed long-term SolarZero agreements, and after the company's financial troubles in late 2024 a lot of those customers have been left anxious about who they're paying, what they're paying for, and whether anyone is still accountable. You are not powerless here, and you almost certainly have more rights than you've been led to believe.

First, get clear on what you actually signed

Before you can dispute a charge, you need to know what your contract genuinely promises. SolarZero customers are typically on one of two arrangements, and they behave very differently when fees change.

• An energy service or subscription model: you pay a fixed or formula-based monthly amount for the solar and battery service, with the hardware owned by the provider. This is the most common SolarZero structure.
• A finance or lease-to-own arrangement: you're paying down the system over time and will eventually own it.

Dig out your original signed agreement, not the marketing brochure. The single most important thing to find is the price adjustment clause. This is the part of the contract that says whether, when, and by how much your monthly payment can rise. Some agreements tie increases to the Consumers Price Index published by Stats NZ. Others allow a fixed annual percentage. A few have vaguer wording, and vague wording is exactly where disputes start.

If you can't find your paperwork, you're entitled to request a copy. Under the Privacy Act 2020 you can ask for the personal information a company holds about you, including your contract and billing history, and they generally must provide it within 20 working days.

When a fee increase is allowed, and when it isn't

Here's the part the fine print doesn't shout about. A company can only increase your charges in the ways your contract actually permits. If your agreement says payments rise annually in line with CPI, then a CPI-linked increase is lawful, even if it stings. Annual inflation has moved around a fair bit lately; Stats NZ reported CPI inflation easing back toward the Reserve Bank's target band through 2024 and into 2025, so a genuine CPI adjustment should be a modest single-digit percentage, not a double-digit leap.

What is not allowed:

• An increase larger than the contract formula produces.
• A new fee that didn't exist in the original agreement, introduced without a proper variation you agreed to.
• A change justified by a clause that doesn't actually say what they claim it says.
• An increase backdated to before they told you about it.

This is where the Fair Trading Act does heavy lifting. It prohibits misleading and deceptive conduct in trade. If a provider tells you a fee rise is "required" or "standard" when your contract doesn't permit it, that representation can itself be a breach. The Commerce Commission enforces the Fair Trading Act and publishes plain-English guidance on unfair contract terms and misleading conduct. They don't resolve individual billing disputes for you, but a term in a standard-form consumer contract that is judged unfair can be declared unenforceable by a court, and the Commission has taken action on exactly this kind of term before.

The unfair contract terms angle most people never use

Here's the genuinely useful bit. Since the unfair contract terms rules were extended, a standard-form consumer contract term that lets one party change the deal at will, while the other party is locked in, can be challenged as unfair. A clause that lets the provider raise fees by an unspecified amount, for unspecified reasons, with no matching right for you to walk away, is the textbook example.

You can't get a term struck out yourself, only a court or the Commerce Commission can do that, but you absolutely can raise it as the basis of your complaint. When you tell a provider "I believe this fee relies on a term that may be unenforceable as an unfair contract term under the Fair Trading Act," you've moved the conversation from a polite request to a legal position. That changes how seriously you get taken.

Who are you even dealing with now?

A lot of the anxiety since late 2024 comes down to a simple, maddening question: who is actually on the other end of my payments? When a solar provider changes hands or restructures, your contract and the obligations under it can be transferred to a new entity. That does not erase your rights. Your contract terms travel with the agreement, and the new party steps into the same obligations, including the Fair Trading Act duties.

If you're unsure who holds your agreement now, what your servicing situation looks like, or whether anyone is still responsible for maintenance, we've pulled together the full picture of where things stand over here: https://nzsolaris.co.nz/the-solarzero-recovery-resource/. And if your worry is specifically about repairs and warranty cover rather than billing, the question of who carries those obligations now is unpacked properly here: https://nzsolaris.co.nz/solarzero-warranty-servicing-nz/.

A worked example: how to check if your increase is legitimate

Let's make this concrete. Say you're a household in Papakura paying $70 a month for your SolarZero service, and you've just had a letter saying it's rising to $82 from next month. That's a 17 percent jump. Is it lawful?

Work through it in order:

• Find the price clause. If your contract says "adjusted annually in line with CPI," then a 17 percent rise is wildly out of step with the CPI figures Stats NZ has published recently. That's your first red flag.
• Check the timing. A CPI-linked clause usually allows one adjustment per year on a set date. If they've already adjusted this year, a second increase may not be permitted at all.
• Check what's bundled in. Sometimes the "increase" is actually a new line item, like a servicing or platform fee, that didn't exist before. A genuinely new charge needs a contract variation you agreed to, not a one-way notice.
• Do the maths and write it down. If CPI for the relevant period was, say, around 3 percent, your $70 should become roughly $72.10, not $82. The gap between what's allowed and what's charged is the heart of your complaint.

If the numbers don't reconcile, you have a dispute worth raising. If they do reconcile and the clause is clear, the increase is probably lawful even though it's unwelcome, and your better move may be to look at your exit options instead.

The step most people skip: complain to the company in writing first

Utilities Disputes will not usually take your case until you've given the provider a fair chance to sort it out. So the first formal step is a written complaint to the company. Do it in writing, by email, so there's a record and a clock starts running.

A strong written complaint includes:

• Your account or customer number.
• The exact charge or change you're disputing, with dates and dollar figures.
• The clause in your contract you believe it breaches, or the absence of any clause that permits it.
• A clear statement that you consider this may breach the Fair Trading Act 1986, and that you may raise an unfair contract term.
• What you want: a reversal, a refund, a correction to your billing, or a written explanation citing the exact contract clause relied on.
• A deadline. "Please respond within 10 working days" is reasonable.

Keep it calm and factual. You're building a paper trail, not winning an argument by volume. Save every reply.

How to lodge with Utilities Disputes

If the company doesn't resolve it, or doesn't respond, Utilities Disputes is your next move. It's a free, independent dispute resolution scheme for energy and related utility complaints, funded by the industry but independent of it, and using it costs you nothing.

The process, in plain terms:

• Complain to the provider first. As above. Utilities Disputes generally expects the company to have had the chance to respond, often around 20 working days, unless they've reached a "deadlock" sooner.
• Lodge your complaint. You can do this through the Utilities Disputes website, by phone, or by email. Their contact details and online form are public and easy to find by searching "Utilities Disputes complaint."
• Provide your evidence. Your contract, the billing letters, your written complaint and any reply, and your own calculation showing the gap.
• They investigate. Utilities Disputes can facilitate a resolution, and where needed make a binding decision. They can require a refund, a billing correction, or compensation in appropriate cases.

One honest caveat: whether a particular SolarZero arrangement falls squarely within Utilities Disputes' jurisdiction can depend on how the service is structured and who currently holds it. If they decide your matter sits outside their scheme, they'll usually tell you who can help instead, which may be the Disputes Tribunal for claims up to $30,000. The Disputes Tribunal costs a small filing fee, runs without lawyers, and is well suited to a contract or Fair Trading Act billing dispute. Don't let a jurisdiction question stop you; there's almost always a free or low-cost path.

The Disputes Tribunal as your backstop

If your complaint is essentially "I've been overcharged against my contract" or "I was misled about what I'd pay," the Disputes Tribunal is genuinely good at this. A referee hears both sides informally, you don't need a lawyer (you generally can't bring one), and the filing fee is modest, tiered by claim size. The Tribunal can order money back and can apply the Fair Trading Act and the Consumer Guarantees Act. For most household billing disputes, this is the realistic ceiling, and it's far less daunting than people imagine.

Be honest with yourself about the bigger picture

Sometimes the real issue isn't a single dodgy fee, it's that the whole arrangement no longer suits you and the rising payments are the symptom. If that's where you've landed, fighting one increase may win the battle but not the war. It can be worth running the numbers on whether buying out the system makes more sense than continuing to pay a monthly service charge. We walk through how a buy-out works, what's fair, and the traps to watch for here: https://nzsolaris.co.nz/buy-out-solarzero-system-nz/.

And if you're comparing the long-run cost of staying versus owning a system outright, our calculator lets you plug in your own figures rather than trusting anyone's sales pitch: https://nzsolaris.co.nz/solar-roi-calculator/.

Where solar disputes are different from a normal power bill

Here's a distinction worth holding onto, because it's a common source of confusion. Your solar service payment (what you pay the provider for the system) is a separate matter from your electricity retailer bill (what you pay Genesis, Mercury, Contact, Meridian, Octopus, Electric Kiwi or whoever for grid power and buy-back credits).

If your gripe is about the rate you're paid for exported solar, that's a retailer and buy-back question, not a SolarZero billing dispute, and it's resolved through your electricity retailer and, if needed, Utilities Disputes on the retail side. If your gripe is about the monthly service fee or the contract terms with the solar provider, that's the Fair Trading Act and contract path described above. Knowing which bucket your problem sits in stops you wasting weeks complaining to the wrong party.

What a fair resolution actually looks like

Set realistic expectations. A fair outcome on a billing dispute is usually one of these:

• The increase is reversed to the correct contractual amount, and any overcharge is refunded.
• The provider produces the exact clause that justifies the charge, and it genuinely holds up, in which case the charge stands.
• A new fee that lacked your agreement is removed.
• You're released from a term that's found to be unenforceable.

What's generally not on the table is tearing up an entire valid contract because you no longer like the deal. That's why understanding your exit and buy-out options matters alongside the dispute itself.

Frequently Asked Questions

Can SolarZero legally increase my monthly fee?

Only in the ways your contract permits. If your agreement ties increases to CPI as published by Stats NZ, or to a fixed annual percentage, a rise within those limits is lawful. An increase larger than the contract formula allows, or a brand-new fee you never agreed to, can breach the Fair Trading Act and may be disputed.

Does it cost anything to complain to Utilities Disputes?

No. Utilities Disputes is a free, independent scheme. You don't pay to lodge a complaint, you don't need a lawyer, and they can require a refund or a billing correction. The scheme is funded by the industry, not by complainants.

Do I have to complain to the company before going to Utilities Disputes?

Usually yes. Utilities Disputes generally expects you to have raised the matter with the provider first and given them a fair chance to fix it, often around 20 working days, unless you've clearly hit a deadlock. Always put your complaint in writing so there's a dated record.

What if Utilities Disputes says my SolarZero matter is outside their scheme?

They'll usually point you to the right place, which is often the Disputes Tribunal for claims up to $30,000. The Tribunal charges only a small filing fee, runs without lawyers, and can apply the Fair Trading Act and Consumer Guarantees Act to a billing dispute. There's almost always a free or low-cost path available.

The company changed hands. Are my rights still the same?

Yes. When a contract is transferred to a new entity, your terms travel with it and the new party takes on the same obligations, including duties under the Fair Trading Act. A change of ownership does not wipe out your protections or your right to dispute a charge.

What's an "unfair contract term" and how does it help me?

It's a term in a standard-form consumer contract that creates a significant imbalance, isn't reasonably necessary, and would cause detriment if enforced; for example, a clause letting the provider raise fees by any amount at will while locking you in. Only a court or the Commerce Commission can declare a term unenforceable, but raising it as the basis of your complaint signals you know your rights and changes how the matter is treated.

How do I prove my increase is too high?

Find the price adjustment clause in your contract, identify the formula it uses, and apply it to your old payment. If it's CPI-linked, use the relevant Stats NZ CPI figure. Compare the result with what you're being charged. The dollar gap between the contractual amount and the actual charge is the core of your evidence.

Is my solar service fee the same as my power bill?

No. The monthly service fee you pay the solar provider is separate from your electricity retailer bill for grid power and export credits. A dispute about your service fee follows the contract and Fair Trading Act path; a dispute about your buy-back rate goes through your electricity retailer. Sorting out which one applies saves you a lot of wasted effort.

The bottom line

You signed up for solar to make life simpler and cheaper, and a creeping fee or a murky contract change is the opposite of that. The good news is that you have genuine, enforceable rights: the Fair Trading Act stops a provider misleading you or charging beyond what your contract allows, the unfair contract terms rules can knock out a lopsided clause, and Utilities Disputes gives you a free, independent umpire. Start by reading your price clause, do the simple maths, complain in writing, and escalate without hesitation if you're brushed off.

If the deeper question is whether to stay in the arrangement at all, it's worth weighing up a buy-out against the long-run cost, and getting a clear view of where the whole SolarZero situation stands before you decide your next move.

What to do next

If you're staring at a fee increase or a confusing contract change right now, here's the order to work through it:

• Find your signed agreement and locate the price adjustment clause. If you can't find it, request a copy under the Privacy Act 2020.
• Do the maths. Apply the contract formula to your old payment and compare it with the new charge. Write down the dollar gap.
• Complain in writing to the provider, citing the clause, the Fair Trading Act, and a clear deadline. Save every reply.
• Escalate to Utilities Disputes if you're brushed off, and to the Disputes Tribunal as your backstop. Both are free or low-cost.
• Weigh the bigger picture. If the arrangement no longer suits you, look at a buy-out and run the long-run numbers before you commit either way.

You don't need to be a lawyer to hold a company to its own contract. You just need your paperwork, a calculator, and the willingness to put it in writing.