# Should you pay to be on a "Top 10" or "best of" list?

By Web Smart HQ · Published 2026-10-21

**Short answer:** Think hard before paying. On 5 October 2026 the Commerce Commission took High Court action against two overseas-run ranking websites. It alleges they approached NZ businesses for paid, favourable rankings while presenting their reviews as independent. The court hasn't decided the case. Genuine Google reviews and a complete Google Business Profile are free and Google's own guidance backs them.

## Key takeaways

- A ranking that's paid for, but presented as independent, may mislead customers under the Fair Trading Act.
- Warning signs: pay to rank, no published method, and businesses listed without being asked.
- Google says you can't pay for a better local ranking. Reviews and a complete profile are free.
- Listed without your consent, or pushed to pay? You can report it to the Commerce Commission.

## What the Commerce Commission is alleging

On 5 October 2026 the Commerce Commission said it is [taking court action to stop misleading paid online rankings](https://www.comcom.govt.nz/news-and-media/news-and-events/2026/commission-takes-court-action-to-stop-misleading-paid-online-rankings/). It has filed in the Auckland High Court against two ranking websites that publish lists such as "The 10 Best" in a category. The Commission says they operate from overseas, although they use NZ addresses.

The Commission alleges the sites approach NZ businesses for favourable rankings while presenting their reviews as independent, written by local "staff writers". It says some businesses didn't know they were listed, some details were wrong, and some "writers" were real people who didn't know their names were used. The sites have said their reviews are honest and impartial.

These are allegations. The court hasn't ruled on them.

### The case in brief

| Item | What the release says |
| --- | --- |
| Date announced | 5 October 2026 |
| Court | Auckland High Court (statement of claim filed, injunction sought) |
| Law | Fair Trading Act sections 9, 11, 13(e) and 13(j) |
| Orders sought | Declarations of breach, an injunction, and help from major internet providers and the Domain Name Commission to block the sites in NZ |
| Earlier step | The Commission says it sent both sites a Stop Now letter earlier, and that the conduct continued. |

_Source: Commerce Commission media release, 5 Oct 2026, read 21 Oct 2026. The allegations have not been proven in court._

## How paid "best of" lists work

Not every list is a problem. Some publishers test products or visit businesses and publish their method. Others take advertising and say so clearly. The problem is a list that looks independent but where payment decides who appears, or who comes first, and readers aren't told.

The pattern in the Commission's release is a site that publishes "best of" rankings for a city or trade, then approaches the businesses for favourable rankings. In the Commission's words, payment "shouldn't be influencing who ranks highly without that being made clear". It also worries businesses may feel pushed to pay because they think competitors already have.

## How to spot a paid ranking

### Warning signs

One sign alone proves nothing. Several together are worth a closer look.

- They ask you to pay to be listed, to move up, or to keep your spot.
- There's no published method for how businesses are chosen or ranked.
- Nowhere on the page says which businesses paid.
- You were listed without anyone contacting you, and some details are wrong.
- The review says the writer visited or spoke to your customers, and you've no record of it.
- The site claims to be local, but you can't find a real NZ business behind it. A .co.nz address isn't proof.
- The pitch leans on pressure: "your competitors have already upgraded".

## The Fair Trading Act, in plain words

The [Fair Trading Act 1986](https://www.legislation.govt.nz/act/public/1986/0121/latest/DLM96439.html) says no one in trade may mislead people. The Commission's [online reviews guidance](https://www.comcom.govt.nz/business/dealing-with-typical-situations/ensuring-customers-get-a-complete-picture-of-your-online-reviews/) says reviews must be genuine and must not mislead readers about the reviewer's overall message. Its release adds that anyone publishing reviews or rankings should clearly disclose any relationship that could affect impartiality, including payment.

If you pay for a spot and then show "Rated one of the 10 best" on your own website, think about whether your customers could be misled too. This guide is general information, not legal advice.

### The sections named in the case

| Section | In plain words |
| --- | --- |
| Section 9 | Don't mislead or deceive anyone in trade, or act in a way likely to. |
| Section 11 | Don't mislead the public about what a service is, its characteristics or what it's suitable for. |
| Section 13(e) | Don't falsely claim goods or services have sponsorship, approval, endorsement or benefits. |
| Section 13(j) | Don't mislead people about where goods or services come from. |

_Our plain-English summary of the Fair Trading Act 1986, as published on legislation.govt.nz, checked 21 Oct 2026._

## What genuinely helps instead

Google says local results are based on relevance, distance and prominence, and its [tips to improve your local ranking](https://support.google.com/business/answer/7091) say you can't request or pay for a better local ranking. The things that help are mostly free and in your hands.

### Where your time and money go further

- **Genuine Google reviews**: Ask every customer, the same way, with your direct review link. Our guide to [getting more Google reviews](https://websmarthq.com/guides/how-to-get-google-reviews/) shows how, within Google's rules.
- **A complete Google profile**: The right main category, every service, accurate hours and real photos. See our guide to [setting up a Google Business Profile](https://websmarthq.com/guides/google-business-profile-setup-nz/).
- **Real local directories**: Your trade or professional association, your local business association and your council's business listings, where you know who runs them.
- **A clear website**: Your services, the areas you cover and a way to get in touch, with the same name, phone and address as your Google profile.

## What to do if you're listed without consent or asked to pay

### If a ranking site contacts you

1. **Don't pay on the spot**: Take your time. Ask how businesses are chosen and ranked, and whether paid spots are labelled.
2. **Keep a record**: Screenshot the listing, the page address and any emails, invoices or messages.
3. **Ask for corrections or removal**: If you're listed without consent, or the details are wrong, ask in writing for them to be fixed or taken down.
4. **Report it**: The Commission asks businesses approached by these sites to call 0800 943 600 or [raise a concern online](https://www.comcom.govt.nz/report-a-concern/).
5. **Already paid?**: The Commission suggests talking to your bank or payment provider about your options.

## Where Web Smart HQ fits

We don't sell placements on lists, and we never buy, write or swap reviews, for us or for clients. Google Business Profile setup is included in both our website packages ($499 + GST and $899 + GST), so your profile and review link are ready from the start.

Approached by a ranking site and not sure what to make of it? Send it to us and we're happy to take a look. See our [Google Business Profile service](https://websmarthq.com/google-business-profile/) or read our own Google reviews, word for word, on our [reviews page](https://websmarthq.com/reviews/).

## Questions

### Is it illegal to pay to be on a "best of" list?

Paying for advertising isn't illegal. The concern is a ranking that's presented as independent when payment influences who appears or comes first, and readers aren't told. The Fair Trading Act bans misleading conduct in trade, and the Commerce Commission says rankings should disclose any relationship that could affect impartiality, including payment. If in doubt, ask a lawyer. This isn't legal advice.

### What is the Commerce Commission's case about?

On 5 October 2026 the Commission said it had filed in the Auckland High Court against two ranking websites it says are run from overseas. It alleges they approached NZ businesses for favourable rankings while presenting reviews as independent, and used real people's names as "staff writers" without their knowledge. The sites say their reviews are honest. The court hasn't decided the case.

### How can I tell if a Top 10 list is paid?

Look for a published method that explains how businesses are chosen and ranked, and a clear label on any paid spot. Be wary if you're asked to pay to move up, if you were listed without being contacted, or if the review claims visits that never happened. A .co.nz address doesn't prove a site is based in New Zealand, the Commission says.

### I've been listed without my consent. What should I do?

Screenshot the listing and keep any emails. Ask the site in writing to correct or remove it. If you think the ranking misleads customers, or you were pressured to pay, report it to the Commerce Commission on 0800 943 600 or online. If you've already paid and you're worried, the Commission suggests talking to your bank or payment provider.

### Will a "best of" list help my Google ranking?

We can't promise it would, and Google says you can't pay for a better local ranking. Google says local results are based on relevance, distance and prominence. The steps Google's guidance points to are free: a complete Business Profile, accurate hours and services, real photos, and genuine reviews from customers you ask the same way every time.

### Are any review or ranking sites worth being on?

Yes, where you can see who runs them and how they work. Trade and professional associations, local business associations and council business listings are good examples. Your Google profile and reviews are free and in your control. Before paying for any listing, ask what you get, how ranking works and whether paid spots are labelled.

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Source: https://websmarthq.com/guides/paid-best-of-lists/
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