Understanding Dark Patterns: The Hidden Tricks Shaping Online Behaviour
Dark patterns, formally known as deceptive user interface design patterns, are subtle yet powerful tactics embedded in websites and apps to manipulate users into making decisions that primarily benefit the business rather than the individual. Coined by UX researcher Harry Brignull in 2010, these designs exploit cognitive biases, such as urgency or loss aversion, to nudge or outright trick people into actions like unintended purchases, subscriptions, or data sharing. In New Zealand, where online shopping and digital services have surged post-pandemic, these patterns are increasingly prevalent, often flying under the radar of everyday users.
Common examples include 'sneaking' extra items into shopping carts, disguised ads that mimic content, or 'confirmshaming' messages like 'No, I don't want to save money' to pressure users. Unlike straightforward nudges, dark patterns deliberately obscure choices, making the undesired path frictionless while complicating the preferred one. For instance, cancelling a subscription might require navigating multiple screens and confirming multiple times, while signing up takes one click.
University of Auckland Academics Spotlight Gaps in Kiwi Consumer Protections
At the forefront of scrutinising these practices in Aotearoa New Zealand is the University of Auckland's Faculty of Law, where researchers are dissecting how dark patterns evade current regulations. Professor Jodi Gardner and Dr Joshua Yuvaraj, both prominent law academics at the institution, have delved deep into manipulative advertising in their forthcoming chapter for the book Asia-Pacific Contract Law, Volume 1: The Digital World in Context, set for release in October 2026.
Their work highlights how New Zealand's legal framework, primarily the Fair Trading Act 1986 (FTA), falls short in addressing sophisticated dark patterns that target vulnerabilities. 'The harm in question doesn’t come from the content of the advertisement itself, but from the fact that it purposefully targets people who are vulnerable and may agree to purchases not in their best interests,' the researchers note. This research underscores the University of Auckland's role in higher education as a hub for policy-informing studies, training future lawyers to tackle digital-age challenges.
Complementing this, Professor Alex Sims, another commercial law expert from the same faculty, has publicly argued that while tools like the FTA and Privacy Act 2004 exist, enforcement remains the bottleneck. His insights draw from global studies showing websites with dark patterns achieve double – or even quadruple – conversion rates compared to clean designs.
How Dark Patterns Exploit Vulnerable Groups in New Zealand
Vulnerable consumers – including children, those with financial hardships, and individuals grappling with personal anxieties – are prime targets. Gardner and Yuvaraj provide stark examples: children bombarded with countdown timers for in-game add-ons, leading to impulsive buys; financially illiterate users pushed into risky digital asset investments via tailored pop-ups; or women anxious about fertility receiving aggressive egg-freezing ads based on tracked searches.
A poignant New Zealand case involves loot boxes in online games – virtual crates with unknown contents that mimic gambling. One Kiwi gamer reportedly spiralled into addiction, spending around $16,000 on these. Despite calls for reform, the Department of Internal Affairs has declined to classify them as gambling, leaving a void that University of Auckland researchers urge filling via FTA expansions.
Prevalence and Financial Toll: Consumer NZ Uncovers the Scale
Consumer NZ's 2025 report paints a grim picture, revealing that one in three Kiwis has overspent due to dark patterns, with over 40% struggling to cancel actions and one in eight buying unwanted items. Collectively, these tactics are estimated to cost New Zealanders up to $61 million annually in unintended expenditures. Subscription traps top the list, where easy sign-ups contrast sharply with labyrinthine cancellations – think multi-step processes for services like meal kits.
Other culprits include hidden fees surfacing at checkout, scarcity cues like 'only one left!', and data grabs demanding excessive personal info for minor discounts. For more on the full findings, see the Consumer NZ report.
- 33% spent more than intended
- 25% retained unwanted subscriptions longer
- 40%+ faced cancellation difficulties
- 12% made unwanted purchases
Current NZ Laws: Fair Trading Act and Enforcement Challenges
The cornerstone, the Fair Trading Act, prohibits misleading or deceptive conduct, which Professor Sims asserts covers many dark patterns – from false scarcity to hidden fees. Yet, as revealed in a Commerce Commission Official Information Act response, no specific enforcement actions target dark patterns directly, with resourcing cited as a barrier.
The Privacy Act complements by curbing unfair data collection, but nagging pop-ups and mandatory accounts persist. Sims advocates tweaks like default high-privacy settings and annual nagging limits, mirroring Europe's GDPR. For those pursuing careers in consumer law enforcement, opportunities abound in higher ed jobs at New Zealand universities shaping policy.
Read the Commission's full stance in their OIA response.
Photo by Niranjan Lamichhane on Unsplash
International Lessons: How Others Are Closing the Gaps
While New Zealand lags, jurisdictions like the EU's Digital Services Act and California's age-appropriate design code explicitly ban dark patterns, fining violators heavily. The Netherlands slapped Epic Games with a €1.125 million ($NZD 2.2 million) penalty for Fortnite's child-targeted in-app purchases – a model Gardner and Yuvaraj endorse for Kiwi loot boxes.
Singapore and Australia are broadening 'unfair practices' clauses, offering blueprints for FTA amendments. University of Auckland's research positions NZ academics as key influencers in advocating similar reforms, fostering cross-border collaboration in commercial law education.
Real-World NZ Examples: From Gaming to E-Commerce
Beyond gaming, RNZ highlights subscription traps like HelloFresh's notorious five-step cancellations (now streamlined post-complaints) and cold-called voucher reactivations. Privacy Commission studies confirm dark patterns riddle top NZ sites, from e-commerce to news portals.
Listen to Prof Sims' analysis on RNZ's The Detail. For Victoria University insights on popular sites, early research showed over half employing manipulations.
Stakeholder Perspectives: Businesses, Regulators, and Consumers
Businesses defend some as 'persuasive design', but Consumer NZ deems them profit-over-people. Regulators like the Commerce Commission prioritise warnings over prosecutions due to costs. Consumers demand action: 80%+ want government-led standards. UoA researchers bridge these views, urging proactive business audits alongside legal muscle.
Aspiring regulators or lawyers? Check academic CV tips for roles in NZ's legal academia via NZ university jobs.
Solutions and Recommendations from Auckland Researchers
Gardner and Yuvaraj propose FTA expansions: statutory unconscionability for vulnerability exploitation, unfair practices bans, and loot box oversight. Dr Yuvaraj warns, 'Given how quickly new technologies are developing... it’s critical to ensure New Zealand’s legal framework is set up to protect the most vulnerable.'
- Broaden FTA 'unfair practices' like EU/Singapore
- Regulate in-app purchases/loot boxes under FTA
- Enhance court interventions for digital contracts
- Increase Commerce Commission resources
Consumers can fight back: screenshot manipulations, complain to ComCom, and boycott offenders – 40% already do.
Higher Education's Role: Cultivating Digital Ethics and Expertise
Universities like Auckland are pivotal, integrating dark patterns into commercial law curricula to equip students against digital deception. Programs foster ethical UX design and policy advocacy, preparing graduates for lecturer jobs or research roles. As AI deepfakes loom, higher ed must lead digital literacy initiatives, partnering with regulators.
Future Outlook: Towards a Fairer Digital Aotearoa
With UoA's book on the horizon and mounting pressure from Consumer NZ, 2026 could see FTA reforms. Emerging trends like AI-enhanced patterns demand agile responses. For Kiwi consumers and academics alike, this research signals a turning point. Explore rate my professor for UoA law faculty insights, higher ed jobs in consumer law, or career advice to join the fight. Visit the full University of Auckland article for deeper dives.
