Ministry of Justice

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1. BM & FM v O Ltd [2023] NZDT 735 (20 December 2023) [pdf, 173 KB]

   ...only entitled to [credits] and therefore NZ law does not apply in this case. 6. On the other hand, BM and FM claim that NZ law applies to W Ltd’s administration of [credits]. They believe that W Ltd has breached the Consumer Guarantees Act 1993 (CGA) and the Fair Trading Act 1986 (FTA) by failing to provide adequate opportunity for them to use their [credits] and that they are therefore entitled to the remedies provided for in these Acts. The applicants have pointed out that W Ltd...

2. TU v TN Ltd [2023] NZDT 484 (26 September 2023) [pdf, 209 KB]

   ...was sent to TN Ltd for inspection. It concluded that the rug was not faulty, and that the fading was caused by strong UV light coming through TU’s full length windows. Law 6. The law of contract and the Consumer Guarantees Act 1993 apply. The CGA provides for a guarantee in all consumer contracts that goods will be of acceptable quality (ss 6 and 7 CGA). The term ‘acceptable quality’ includes: being fit for purposes for which goods of that type are commonly used, acceptable...

3. LK v H Ltd [2022] NZDT 28 (1 March 2022) [pdf, 181 KB]

   ...the Covid-19 pandemic imposed lockdown and restrictions. So, I find LK is not entitled to a refund, given the contract’s terms and the fact the contract was not frustrated. Does LK have a remedy under the Consumer Guarantees Act 1993 (CGA)? 18. LK considers the CGA applies. Where a service is supplied to a consumer, there is a guarantee that it will be carried out with reasonable care and skill (section 28), fit for its intended purpose (section 29) and within a reaso...

4. UI v Q Ltd [2023] NZDT 553 (6 March 2023) [pdf, 194 KB]

   ...service provided by Q Ltd was not fit for beginners, as promoted; (c) Whether UI is entitled to a refund of all or part of the money she has paid. Did Q Ltd fail to deliver its service with reasonable care and skill? 6. The Consumer Guarantees Act (CGA) applies to this transaction. There is a guarantee in the CGA that services supplied to a consumer will be carried out with reasonable care and skill (S.28 CGA). That means the reasonable care and reasonable skill of a competent person...

5. NX v T Ltd & S Ltd [2024] NZDT 234 (8 March 2024) [pdf, 187 KB]

   ...or T Ltd to cover the installation cost, which both refused to do. NX claimed $204.00 (not $204.13) for having to install the new tap. 3. After discussion with TJ about the definition of ‘manufacturer’ in the Consumer Guarantees Act 1993 (“CGA”), which includes a business that imports and distributes goods from a foreign manufacturer that does not have a place of business in New Zealand, TJ confirmed that S Ltd fits that definition, as they import and distribute tapware that i...

6. NS v B Ltd [2024] NZDT 246 (20 March 2024) [pdf, 199 KB]

   ...laptop of reasonable quality? 3. Having considered all of the evidence I find that the laptop was of reasonable quality because it was as durable as a reasonable consumer would expect in all the circumstances. 4. The Consumer Guarantees Act (CGA) applies in this case because a laptop is ordinarily acquired for personal, domestic or household use or consumption. Section 6 of the Consumer Guarantees Act 1993 provides that there is a guarantee that goods will be of acceptable quality. S...

7. J Ltd v PE Ltd [2024] NZDT 357 (9 March 2024) [pdf, 112 KB]

   ...filing costs. 4. The issues to be determined are as follows: a. Does the Consumer Guarantees Act 1993 apply to this contract? b. Was the work carried out with reasonable care and skill? c. What remedy, if any, is PE Ltd entitled to under the CGA? d. Did J Ltd charge a reasonable price for the polyurethane product? e. Did J Ltd complete the work within the time contemplated by the contract, or within a reasonable time? f. If not, what remedy is PE Ltd entitled to? g. What amount...

8. O Ltd v D Ltd [2024] NZDT 362 (20 June 2024) [pdf, 214 KB]

   ...hopefully not have the same irregularity) is available. 10. At the hearing D Ltd said that the alternative offers it had previously made to O Ltd to try to resolve this matter were no longer available. 11. The Consumer Guarantees Act 1993 (CGA) applies wherever there is a supply of goods of a kind ordinarily acquired for personal, domestic or household use or consumption. This means the CGA applies to the sale of “domestic or household” goods in trade, even if they are acquired...

9. FD, GN, LN, UT, NE, & NP v BQ Ltd [2022] NZDT 165 (18 October 2022) [pdf, 162 KB]

   Page 1 of 2 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL District Court [2022] NZDT 165 APPLICANT FD APPLICANT GN APPLICANTS LN and UT APPLICANTS NE and NP RESPONDENT BQ Ltd The Tribunal orders: BQ Ltd is to pay $1,170.00 to the applicants by 8 November 2022. Reasons Was the service provided with reasonable care and skill? 1. The six applicants booked a guided walking trip wit

10. TO v QJ Ltd [2018] NZDT 1476 (10 May 2018) [pdf, 188 KB]

    ...Q? c) Is any right to a refund affected by the period of use or TO’s inability to return the battery? Was the battery durable and fit for purpose, and did it correspond with its description? 6. Section 6 of the Consumer Guarantees Act 1993 (CGA) provides that where goods are supplied to a consumer, there is a guarantee that the goods will be of acceptable quality, defined in s 7 to include being acceptably durable and fit for common purposes. Under CGA s 8(1)(b), goods are guarantee...