Ministry of Justice

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1. EX v UC [2017] NZDT 1011 (24 May 2017) [pdf, 20 KB]

   ...issues with dryers. It is for this reason that I cannot find there has been a breach of guarantee in terms of durability or fitness for purpose. Conclusion What remedy, if any, is available to the EXs? [10] Given the above finding, no CGA remedy is available to the EXs. Even if I had found that the repairs were due to inherent defects with the dryer, the fact that UB and/or the warranty company has remedied the issues in a reasonable time on each occasion, with UB also p...

2. MZ v X Ltd [2023] NZDT 511 (16 October 2023) [pdf, 213 KB]

   ...and conditions are available to the customer by clicking a hyperlink, it is the customer’s responsibility to read the terms and conditions because they will be bound by them whether or not they read them. 5. The Consumer Guarantees Act 1993 (CGA) and the Fair Trading Act 1986 (FTA) however provide an overlay on agreed terms and conditions when the services are purchased by a consumer from a person in trade. The FTA, and the guarantees in the CGA, will apply to the contract, and gene...

3. NN v OD v Z Ltd [2024] NZDT 797 (27 November 2024) [pdf, 274 KB]

   ...14. The issues the Tribunal has to consider are: a. What was the agreement between the parties regarding the rental of the car, insurance and any excess in the event of damage? b. Is Z Ltd in breach of the Consumer Guarantees Act 1993 (“CGA”) and / or the contract by not pursuing and resolving the issue of the excess refund within a reasonable time and by not dealing with the issue with reasonable care and skill? c. Are the applicants entitled to the amount sought of $6,32...

4. KQ v FH [2022] NZDT 185 (25 October 2022) [pdf, 98 KB]

   ...have been the case, I find there is no causal link between the two occasions as the bull could have failed for various reasons. Was the failure of a substantial character? 13. By virtue of section 29 of the Consumer Guarantees Act 1993, (“CGA”), where services are supplied to a consumer there is a guarantee that the service will be reasonably fit for any particular purpose; of such a nature and quality that it can reasonably be expected to achieve any particular result that the...

5. OL v TV [2022] NZDT 268 (23 December 2022) [pdf, 183 KB]

   ...a. Is TV in the trade of selling restored motorcycles? b. If so, was the motorcycle of acceptable quality? c. What remedy, if any, is OL entitled to? Is TV in the trade of selling restored motorcycles? 4. The Consumer Guarantees Act 1993 (CGA) implies guarantees into consumer contracts for the protection of consumers. The CGA applies to consumer contracts where the supplier of the goods or services is in trade, and includes situations where the supplier, “supplies goods to a co...

6. IQ & OU v EQ [2022] NZDT 278 (19 December 2022) [pdf, 183 KB]

   ...provided by EQ on time or within a reasonable timeframe? b) If not, are IQ and OU entitled to claim a refund of their $2,000.00 deposit? Was the service provided by EQ on time or within a reasonable timeframe? 4. The Consumer Guarantees Act 1993 (CGA) applies if a person is a ‘consumer’ and the person from whom services are obtained, is a supplier. A consumer is defined in s 2 as a person who “acquires from a supplier goods or services of a kind ordinarily acquired for persona...

7. J Ltd v HH & KH [2023] NZDT 665 (28 September 2023) [pdf, 185 KB]

   ...claims the sum of $1500.00 for the balance of its invoice. 3. The issues to be determined are as follows: a. Was the cleaning fit for purpose and carried out with reasonable care and skill? b. If not, what remedy are HH and KH entitled to under the CGA? Was the cleaning fit for purpose and carried out with reasonable care and skill? 4. The Consumer Guarantees Act 1993 (CGA) implies guarantees into consumer contracts for the protection of consumers. Section 28 provides a guarante...

8. NH Ltd v NZ [2024] NZDT 159 (26 March 2024) [pdf, 179 KB]

   ...of GST. The invoice for $30,111.60 was correctly based on this pricing. Was the driveway constructed with reasonable care and skill, and was it fit for the purpose? 5. Where services are supplied to a consumer, the Consumer Guarantees Act 1993 (CGA) applies. CGA s 28 provides that there is a guarantee that the service will be carried out with reasonable care and skill. CGA s 29 of the CGA provides that services must be reasonably fit for any purpose the consumer makes known to the suppl...

9. EP v UK LTD & UKU LTD 2016 NZDT 893 (7 December 2016) [pdf, 137 KB]

   ...Issues [7] The issues to determine are: a) Did EP have a contractual relationship with one or both respondents? b) Did UK Ltd perform its car repair service in a reasonable time as per section 30 of the Consumer Guarantees Act 1993 (‘CGA’)? c) Did UK Ltd perform its service with reasonable care and skill (section 28, CGA)? d) Was any failure a failure of substantial character (section 36, CGA)? e) What remedy is available to EP? Did EP have a contractual relationship w...

10. EH v KS [2023] NZDT 415 (25 August 2023) [pdf, 182 KB]

    ...breach of his responsibilities under the contract and, if so, to what remedy is EH entitled. Findings 8. Firstly, the area of law that applies to this claim is contract, overlaid by the provisions of the Consumer Guarantees Act 1993, (the CGA). Dog boxes are goods that are ordinarily acquired for domestic or personal use or consumption, that being the definition of a consumer purchase in the CGA. CI0301_CIV_DCDT_Order Page 2 of 3 9. Section 6 of the CGA requires goo...