Ministry of Justice

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1. KJ v OU Ltd [2022] NZDT 216 (16 November 2022) [pdf, 115 KB]

   ...resolved are: (a) Was the towbar fitted with reasonable care and skill? (b) If not, what is the remedy? Was the towbar fitted with reasonable care and skill? 3. The law relevant to this claim is as follows: The Consumer Guarantees Act 1993 (CGA) provides guarantees to consumers who obtain services from a tradesperson. Section 28 of the CGA provides that where services are supplied to a consumer there is a guarantee that the service will be carried out with reasonable care...

2. TD v U Ltd [2023] NZDT 414 (14 August 2023) [pdf, 192 KB]

   ...repairs were carried out the vehicle broke down again about 2,000kms later. The campervan was taken to [mechanic] where it was repaired. 2. TD believes that U Ltd is liable for the cost of the repairs under the Consumer Guarantees Act 1993 (CGA). She has claimed the cost of towing relating to the [City] breakdown $1,146.75; the F Ltd repair cost of $8,208.00 plus credit card surcharge $164.16; Incidentals and roadside assistance during the [City] repair $350.00; [car dealer] rep...

3. LE v T Ltd [2024] NZDT 456 (27 June 2024) [pdf, 183 KB]

   ...noted on the Centre’s website. 12. In contrast, LE says that the claim is a contractual dispute under which T Ltd has provided defective services. LE says that she is a consumer acquiring services under the Consumer Guarantees Act 1993 (“the CGA”), and it is immaterial that she did not pay for the services. 13. Having carefully considered the available evidence and information, and having heard from the parties, I find that LE’s claim is not within the Tribunal’s jurisdic...

4. FV v UE Ltd [2022] NZDT 140 (1 September 2022) [pdf, 179 KB]

   ...sold by a different retailer, and FV have misremembered which store she purchased it from. For these reasons I find that it is not proven that UE Ltd sold the original dryer. What remedy is FV entitled to? 7. The Consumer Guarantees Act 1993 (CGA) implies guarantees into consumer contracts for the protection of consumers. The CGA provides a guarantee that goods are of acceptable quality (s 6). The meaning of acceptable quality includes being reasonably durable (s 7). 8. Section...

5. BG v P Ltd [2024] NZDT 638 (2 September 2024) [pdf, 144 KB]

   ...for purpose? (c) If not, what is the remedy? Did ED provide their services with reasonable care and skill and were the dentures reasonably fit for purpose? 3. The law relevant to this claim is as follows: The Consumer Guarantees Act 1993 (CGA) provides guarantees to consumers who obtain services from a tradesperson. Section 28 of the CGA provides that where services are supplied to a consumer there is a guarantee that the service will be carried out with reasonable care and...

6. TU v CH [2024] NZDT 819 (13 November 2024) [pdf, 149 KB]

   ...resolved are: (a) Is CH “in trade”? (b) If so, is the fridge of an “acceptable quality”? (c) If not, is TU entitled to “reject” the fridge? (d) If so, what is the remedy? Is CH “in trade”? 13. The Consumer Guarantees Act 1993 (CGA) provides that “in trade” includes any commercial activity. 14. TU explained that when he visited CH’s farm to return the original fridge, he saw approximately 100 to 150 other fridges in an open building. 15. Further, CH...

7. KU v T Ltd [2024] NZDT 876 (15 September 2024) [pdf, 198 KB]

   ...have the vehicle repaired; (d) Whether T Ltd was entitled to an opportunity to inspect and/or to remedy; (e) Whether KU is entitled to compensation and if so, how much. Was the vehicle not of acceptable quality? 7. The Consumer Guarantees Act (CGA) applies to this sale. There is a guarantee in the CGA that goods must be of acceptable quality. To be of acceptable quality goods must be, amongst other CI0301_CIV_DCDT_Order Page 2 of 4 things, free from minor defect. The assessm...

8. LG v OE [2023] NZDT 48 (30 January 2023) [pdf, 199 KB]

   ...remedied within a reasonable time? c. If the failure was not remedied, can LG reject the spa pool and obtain a refund? CI0301_CIV_DCDT_Order Page 2 of 4 Was the spa pool of acceptable quality? 7. The Consumer Guarantees Act 1993 (“CGA”) applies when goods are supplied to a consumer in trade. I am satisfied that OE was “in trade” for the purposes of the CGA as LG described him as undertaking a business of buying old spa pools, doing them up, and selling them on. She...

9. QX v XN Ltd [2024] NZDT 110 (16 April 2024) [pdf, 207 KB]

   ...maintained as a reasonable consumer would expect, and it is possible that if it had been serviced, any problem with the hose clamp would have been detected and damage to the motorhome might have been avoided. 4. The Consumer Guarantees Act 1993 (CGA) provides that a claim may be made against a manufacturer of goods if the goods are not of acceptable quality. The definition of manufacturer includes, where goods are manufactured outside of New Zealand, a person that imports or distribu...

10. BD and NQ v R Co Ltd [2021] NZDT 1354 (12 February 2021) [pdf, 169 KB]

    ...skill? • Was RCL responsible for the late settlement (after 4pm) and if so, what remedy is available to NQ? • Were any actual losses relating to delay moving into the property reasonably foreseeable as likely to result from any failure of CGA guarantee? • Is NQ liable to pay for RCL’s post-settlement attendance to further property matters at a cost of $700? • Can either party claim costs of preparing for and attending the Tribunal? Was RCL’s advice wit...