Misfuelling at the Pump — What the Petrol Station Owes You Under NZ Law

Driver Error vs Station Fault — The Key Distinction

The vast majority of misfuelling incidents in New Zealand are driver error — the driver selected the wrong nozzle. In these cases, the petrol station bears no liability, and the full cost of recovery falls on the driver (or their insurer). This is the common case.

However, there are specific scenarios where the station may carry partial or full liability. Understanding these scenarios — and knowing how to document them — can make a significant difference to how much the misfuel costs you.

Scenarios Where the Station May Be Liable

Mislabelled or Incorrectly Coloured Nozzles

New Zealand petrol stations use a colour convention for nozzles — green for diesel, black or other colours for petrol grades. If a station's nozzles are incorrectly coloured, incorrectly labelled, or if the labels are obscured, faded, or missing, and a reasonable driver following those visual cues selected the wrong nozzle, the station may have a liability under the Fair Trading Act 1986. Section 9 of that Act prohibits misleading conduct in trade — and a mislabelled fuel nozzle that causes a driver to select the wrong product is arguably misleading conduct in the supply of a service.

Forecourt Equipment Fault

If a pump delivers the wrong fuel due to an equipment fault — for example, a cross-connected hose after maintenance — the station is clearly liable for the resulting damage. This is a contract law issue as much as a consumer protection one: the station promised to supply a specific product and supplied a different one.

Staff Error

At attended forecourts, if a staff member selects the wrong fuel on your behalf, the liability is the station's. Keep any receipt that confirms the transaction — it will show the fuel type dispensed.

The Consumer Guarantees Act 1993

The CGA applies to the supply of services in trade, which includes refuelling services. Under the CGA, a service must be carried out with reasonable care and skill. If a forecourt service (attended or otherwise) is provided in a way that causes damage through the station's fault, the CGA supports a claim for the cost of remedying that damage — which in a misfuel context means the cost of recovery and any resulting vehicle damage.

How to Document a Potential Station Liability Claim

If you believe the station may bear some liability for your misfuel, document everything before the vehicle is moved:

• Photograph the pump, nozzle, label, and surrounding signage
• Photograph your fuel cap label alongside the nozzle you used
• Keep your receipt — it shows the fuel type dispensed and the pump number
• Ask the station attendant or manager for their name and note the time
• Request a copy of any CCTV footage if you believe it would support your account (you may need to do this promptly before it is overwritten)

EEK Mechanical's contamination report — issued as part of every recovery — provides certified documentation of the fuel contamination type, vehicle damage assessment, and recovery costs. This documentation meets the requirements of the Disputes Tribunal, insurers, and legal proceedings. Call EEK Mechanical on 0800 769 000 and mention at the time that you believe the incident may involve station fault so we can flag the documentation accordingly.