Search Results

1. DD v H Ltd [2023] NZDT 536 (17 October 2023) [pdf, 214 KB]

   ...not. When assessing whether the onus of proof has been discharged by a party I need to consider and evaluate the evidence presented to the Tribunal by the parties. 4. The relevant law is the law of contract and the Consumer Guarantees Act 1993 (CGA). The CGA provides guarantees to consumers who obtain services from a person who is in the business of providing that service. What work did the parties agree the respondent should do? 5. The work to be done by the respondent was f...

2. UO Ltd v BE [2021] NZDT 1511 (22 February 2021) [pdf, 184 KB]

   ...She also pointed out that UO Ltd failed to inform them of the time needed for rehearsal, prompt them for a song list, or send them a copy of the songs selected when the band started rehearsing. 8. Section 28 of the Consumer Guarantees Act 1993 (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 skill. UO Ltd was supplying entertainment that was customised to some degree, so its service necessar...

3. CU v DN Ltd [2019] NZDT 1420 (9 September 2019) [pdf, 229 KB]

   ...reasonable time? (d) If so, is he entitled to a refund? Was the mower of acceptable quality and fit for purpose? 6. I find that the mower was not of an acceptable quality or fit for purpose. 7. The Consumer Guarantees Act 1993 (the “CGA”) applies. DN is bound by the CGA, ss7 and 8, to ensure the mower is of acceptable quality and it is fit for purpose. CI0301_CIV_DCDT_Order Page 2 of 5 8. The test of acceptable quality is an objective one. The test is whether...

4. LL v U Ltd [2024] NZDT 306 (24 April 2024) [pdf, 201 KB]

   ...Guarantees Act 1993? 16. U Ltd provides a platform for buyers and sellers to enter into private contracts. Because U Ltd provides a service for consumers, in some circumstances the statutory guarantees provided for in the Consumer Guarantees Act 1993 (CGA) may apply to the services provided by U Ltd. 17. For these reasons, I am satisfied that the Disputes Tribunal can hear a claim by LL against U Ltd in relation to the provision of its services provided by U Ltd to its consumers....

5. XD v Q Ltd [2024] NZDT 100 (22 February 2024) [pdf, 197 KB]

   ...resolved are: a. Was the spa of acceptable quality? and b. If not, what remedy is appropriate? Was the spa of acceptable quality? 7. I find that XD’s [redacted] spa was not of acceptable quality. 8. The Consumer Guarantees Act 1993 (CGA) provides that the supply of consumer goods in Aotearoa New Zealand comes with a guarantee that the goods will be of acceptable quality. The definition of acceptable quality includes that the goods will be as durable as a reasonable person wo...

6. DS v HW [2023] NZDT 550 (6 October 2023) [pdf, 190 KB]

   ...heard in the District Court and is outside of the jurisdiction of the Disputes Tribunal (s 17). Accordingly, the claim is struck out Was the service provided by HW carried out with reasonable care and skill? 6. 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 person...

7. DT v T Ltd [2023] NZDT 225 (12 May 2023) [pdf, 169 KB]

   ...the code that drainlayers must comply with (NZS3500, Part 2) and that 100mm pipes should be used. Did the respondent provide its services with reasonable care and skill and were they fit for purpose? 7. The Consumer Guarantees Act 1993 (CGA) provides guarantees to consumers who obtain services from a person who is in the business of providing that service. Clauses 28 and 29 of the CGA state that where services are provided to consumers there is a guarantee that they will be ca...

8. TK v BD & TT Ltd [2024] NZDT 530 (22 July 2024) [pdf, 215 KB]

   ...does not have jurisdiction (standing) to hear and make an order in relation to 3c. above. 5. The issues to be determined in relation to TK’s claim are as follows: a. Whether BD breached the guarantee under the Consumer Guarantees Act 1993 (CGA) to provide his service with reasonable care and skill. b. If he did, then what remedy is TK entitled to under the CGA. c. Is TK able to recover costs for time. 6. The issues in relation to BD’s claim are as follows: a. Is B...

9. B Ltd v R Ltd [2024] NZDT 169 (17 April 2024) [pdf, 105 KB]

   ...the [ute] was a vehicle that would be considered a consumer good, as it could be driven ordinarily, despite its supercharged nature. Both parties also agreed that they did not contract out of the provisions of the Consumer Guarantees Act 1993 (“CGA”). Were the services provided with reasonable care and skill? 4. SD said R Ltd did not provide their services with reasonable care and skill. He maintained there were no issues with oil pressure before the engine was rebuilt by R Ltd...

10. QD v L Ltd [2023] NZDT 551 (19 September 2023) [pdf, 198 KB]

    ...apply. 10. The parameters of the service provided by L Ltd are set out in ‘[Conditions of Carriage]’. 11. The Consumer Guarantees Act 1993 sets out implied terms that apply to all consumer contracts. Suppliers cannot contract out of the CGA. Section 28 CGA provides that there is a guarantee that services will be carried out with reasonable care and skill. 12. Section 29 CGA provides a guarantee that services will be reasonably fit for any particular purpose, and achieve an...