The Commerce Commission is warning retailers that product safety is non-negotiable as it takes bargain retailer PD Mart to court over allegedly non-compliant goods.

The commission alleges PD Mart offered 57 non-compliant products for sale at its Auckland and Christchurch stores, including children's toys and baby walkers. It also alleges the retailer represented seven types of children's car seats as complying with an international safety standard when they did not.

Commerce Commission general manager of competition and fair trading Rebecca McAtamney said consumers should not have to choose between price and safety.

"Regardless of what something costs or what shop you buy it from, businesses must comply with the New Zealand product safety requirements that apply to the goods they sell," she said.

The commission said its concerns did not arise from a single visit or isolated incident, with staff allegedly finding non-compliant goods during repeated visits to the stores from October 2024.

PD Mart recalled and removed potentially unsafe products during the investigation, and later gave court-enforceable undertakings to withdraw certain products from sale. McAtamney said the scale and recurring nature of the alleged problems were a serious concern.

The commission also alleges PD Mart misrepresented customers' rights to return products under the Consumer Guarantees Act.

"Consumers have rights when they buy products in New Zealand, and businesses need to understand those rights and meet their obligations," McAtamney said.

Product safety standards are set by regulation under the Fair Trading Act and are designed to help prevent and reduce the chance of accidents and injuries while consumers use the products. Consumers can find information about specific product safety standards, including requirements applying to products for children, on the commission's website.