It did not mention the option for customers to continue with their existing pricing if they did not want Copilot.
That “Classic Plan” option only appeared if a customer went to cancel their subscription.
Consumer NZ called that a “flagrant breach of goodwill and trust” and lodged a complaint with the Commerce Commission – which decided against a formal investigation but did send the tech giant a warning letter.
The Commerce Commission’s Vanessa Horne told the Herald: “In February this year, we provided information to Microsoft New Zealand, outlining that we had received complaints that potentially raised issues under the Fair Trading Act.”
A Microsoft email sent to 365 Family and 365 Personal subscribers from 11am NZT this morning offers them the option to keep their current (increased) pricing or switch to their old pricing (and lose Copilot), including a refund for period they paid the higher rate.
The ACCC (Australian Competition and Consumer Commission) said it was suing Microsoft for “misleading” 2.7 million Australians by telling them that they had to accept the increase tied to the addition of Copilot or cancel.
Microsoft declined to say how many Kiwis have 365 Personal or 365 Family subs.
‘We apologise’
“Today, we began reaching out to our Microsoft 365 Personal and Family subscribers in New Zealand regarding a subscription alternative that we could have communicated more clearly when we changed our pricing in October 2024,” Microsoft said in a statement.
“In response to the demand for advanced AI tools, we introduced AI capabilities into the Microsoft 365 Personal and Family subscriptions that we offer in New Zealand.
“In hindsight, we could have been clearer about the availability of a non-AI enabled offering with subscribers, not just to those who opted to cancel their subscription.
“We have been present in New Zealand for more than 35 years, operating on the principles of trust and transparency. We fell short of our standards here, and we apologise. We will learn from this and improve.”
‘Result of strong action by Australian regulator’
“Today’s announcement from Microsoft is huge, and very welcome news that will benefit heaps of people. We encourage every eligible 365 subscriber to take up the offer of a refund,” Consumer writer Nick Gelling told the Herald after the Microsoft 365 email was sent to this reporter’s personal email account at 9.38am.
“We think this announcement is highly likely to be a result of the strong action taken by the Australian regulator. In that respect, New Zealanders are lucky to have this win off the back of the Australian regulator standing up to a tech giant,” Gelling said.
In its comments, Microsoft has not referenced the ACCC’s legal action.
“We’re hearing of some teething difficulties with the offer, which has clearly been set up for Australian customers, but we have faith that Microsoft NZ will sort out those issues quickly,” Gelling said.
A tech industry veteran who also received the 365 offer at 9.38am told the Herald, “The email says that the offer applies in New Zealand but it doesn’t work here.”
Chris Keall is an Auckland-based member of the Herald’s business team. He joined the Herald in 2018 and is the technology editor and a senior business writer.
