Search Results

1. ABY v ZYF [2013] NZDT 125 (17 September 2013) [pdf, 58 KB]

   ...vehicle or the terms of sale and that these repairs are really general maintenance that is to be expected in the normal course of vehicle ownership. Law [4] The relevant law is the law of contract and the Consumers Guarantees Act 1993 (CGA). [5] A contract is a legally binding promise or agreement; an act in law where two or more persons declare their consent as to any act or thing to be done or forborne by one side for the benefit of the other side. A promise or agre...

2. OX v B Ltd [2023] NZHC 292 (28 July 2023) [pdf, 240 KB]

   ...battery level of the right bud always jumped from 0% to 55% after being charged. The issue did not affect the left earbud, which functions as normal. 3. OX claims that the buds should still be covered under the Consumer Guarantees Act 1993 (CGA) and that she is entitled to a refund of the purchase price. B Ltd content that OX’s buds have lasted a reasonable period and are no longer covered by the CGA. 4. Issues: Have OX’s earbuds lasted a reasonable period? If not...

3. MS & NS v JT [2024] NZDT 238 (26 March 2024) [pdf, 187 KB]

   ...he made a small profit). 10. A supplier need not normally deal in goods of the kind in question. Here, I find that selling vehicles is part of Mr T’s business, albeit a small part, and that he meets the definition of a “supplier” in s 2 CGA. Were Mr and Mrs S consumers? 11. Section 2 CGA provides that a consumer is someone who acquires from a supplier goods of a kind ordinarily acquired for “personal, domestic, or household use”. 12. Mr T says RTV’s are used as farm...

4. NQ v NM Ltd [2024] NZDT 55 (28 February 2024) [pdf, 83 KB]

   ...the laptop in question. [4] NM Ltd did not attend the hearing, and has provided no defence to the claim to the Disputes Tribunal. The law [5] An extended warranty does not displace the provisions of the Consumer Guarantees Act 1993 (“the CGA”). An extended warranty may, to be of value, be effective to provide rights that are additional to those given to consumers by the CGA, but does not oust the CGA’s application. [6] In this case, NM Ltd is deemed under the definition of...

5. ZC v N Ltd [2023] NZDT 573 (28 November 2023) [pdf, 200 KB]

   ...camping ground expenses while repairs were affected making a total claim of $7613.54 allowing for $900 having been paid by N Ltd. 3. ZC now claims for repayment of those expenses pursuant to his rights under the Consumer Guarantees Act 1993, the CGA. N Ltd responds that it is not liable under the CGA as ZC was not a consumer in respect of the purchase and that no warranties apply to the sale other than those in the agreement to sell. 4. The issues to be decided then are whether Z...

6. ND v KQ [2024] NZDT 631 (24 September 2024) [pdf, 187 KB]

   ...are formed within a mold. KQ says she has offered to exchange the candles, but this is not what ND wants. 4. The Issues to be resolved are: a. Were the candles of acceptable quality? b. If not, has KQ complied with her obligations under the CGA? c. Is ND entitled to compensation of $127.00 as claimed, or to any other sum? Were the candles of acceptable quality? 5. Contract law recognises contracts have terms which are expressly agreed between parties and can also have term...

7. DK v VP Ltd & VPV [2016] NZDT 944 (6 April 2016) [pdf, 86 KB]

   ...attend the hearing either, having attended the original hearing, prior to the rehearing being granted. This order is made in the absence of both these parties. Issues [4] Is DK a consumer for the purposes of the Consumer Guarantees Act 1993 (CGA)? [5] Do VP Limited's terms and conditions exclude their liability for this type of damage? [6] Has VP Limited provided parking services to DK with reasonable care and skill? [7] If not, what remedies are available and were the conseq...

8. AEP v ZVG Ltd [2013] NZDT 337 (28 August 2013) [pdf, 35 KB]

   ...the Consumer Guarantees Act, and (ii) Whether ZVG Ltd is liable for losses under the Carriage of Goods Act. Decision Is ZVG Ltd liable for losses under the Consumer Guarantees Act? [5] AEP claims the Consumer Guarantees Act 1993 (“CGA”) applies to this claim, based upon information she obtained from a consumer website which states the CGA applies to the service carriage companies provide. However, s 5 of the Carriage of Goods Act 1979 (“COGA”) states the COGA app...

9. N Ltd v T Ltd [2023] NZDT 423 (14 August 2023) [pdf, 191 KB]

   ...5. The Fair Trading Act 1986 (“the FTA”) applies. Under the FTA, no person shall, in trade, engage in conduct in trade that is misleading or deceptive or is likely to mislead or deceive (s9 of the FTA). The Consumer Guarantees Act 1993 (“the CGA”) also applies. The CGA implies certain Page 2 of 4 guarantees when goods supplied by a supplier to a consumer in trade, including that the goods will be of acceptable quality (s6 of the CGA); and reasonably fit for any particul...

10. HT v SE [2020] NZDT 1397 (15 May 2020) [pdf, 189 KB]

    ...Trader (and therefore should be registered) if he is selling more than 6 vehicles in a 12 month period (or imported more than 3) and would be, in any event, "in trade" as a supplier for the purposes of the Consumer Guarantees Act 1993 ('CGA'). 6. HT says that when he picked up the car from SE’s home, there were multiple cars for sale in his yard/outside SE’s house and he has also seen multiple ads for different cars on SE’s Facebook page. He provided examples...