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1. SN v UQ Ltd [2024] NZDT 349 (29 April 2024) [pdf, 102 KB]

   ...agreement for an exchange of things of value. If the parties agree for one to provide certain services in exchange for payment, the services must be carried out as agreed and the payment must be made as agreed. The Consumer Guarantees Act 1993 (CGA) imposes guarantees into contracts between people and businesses in trade, and consumers. One example is that when providing services, the services must be provided with reasonable care and skill. This usually means that professional stand...

2. BI v U Ltd [2024] NZDT 614 (8 August 2024) [pdf, 101 KB]

   ...compensated? Is $2,075.00 a reasonable amount for BI to receive in damages in compensation for a reduction in value of the hire of the camper? CI0301_CIV_DCDT_Order Page 2 of 4 4. The relevant law is the Consumer Guarantees Act 1993 (CGA). Section 6 of the CGA provides a guarantee that where goods are supplied to a consumer they will be of acceptable quality. Section 7 provides a definition of acceptable quality. Section 18 provides the remedies that are available to a co...

3. IO v TH Ltd [2024] NZDT 151 (26 March 2024) [pdf, 175 KB]

   ...a) Did TH Ltd carry out the wrap work with reasonable care and skill? b) What sum, if any, must TH Ltd pay to the consumer? Did TH Ltd carry out the wrap work with reasonable care and skill? 4. 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. 5. IO claims that the film was used was of very poor quality, and that there were obvious bu...

4. ABL & ABM v ZYS Ltd [2013] NZDT 59 (16 May 2013) [pdf, 58 KB]

   IN THE DISPUTES TRIBUNAL [2013] NZDT 59 BETWEEN ABL APPLICANT ABM SECOND APPLICANT AND ZYS Ltd RESPONDENT Date of Order: 16 May 2013 Referee: Referee Edwards ORDER OF THE DISPUTES TRIBUNAL The Tribunal hereby orders that the correct respondent in this matter is ZYS Ltd. LI accepts notice on behalf of the company. LI had originally been nam

5. KT v D Ltd [2023] NZDT 632 (23 November 2023) [pdf, 108 KB]

   ...purchase. CI0301_CIV_DCDT_Order Page 2 of 3 10. D Ltd said that as the purchase was not itemised, they would refund 50% of the purchase price for the lockset. 11. The purchase of the parts is covered by the Consumer Guarantees Act 1993 (CGA) which provides that all supplies of consumer goods in trade come with a guarantee that the goods will be of acceptable quality, which includes that they will be as free from minor defects and as durable as a reasonable consumer fully acq...

6. NC & CC v FU Ltd [2020] NZDT 1389 (28 October 2020) [pdf, 101 KB]

   ...are they durable? • What remedy, if any, is available to NC and CC? Are the products of acceptable quality, specifically are they free from minor defects and are they durable? 5. Sections 6 and 7 of the Consumer Guarantees Act 1993 (‘CGA’) provide a statutory guarantee that goods supplied will be of acceptable quality, the relevant definitions in this case being that the goods will be acceptable in appearance and finish, free from minor defects and durable. 6. CC provi...

7. DA v WZ & WZW Ltd [2015] 761 (22 March 2015) [pdf, 83 KB]

   ...Consumer Guarantees Act 1993. What remedy is available to DA? [16] I find that, due to the breach of guarantees outlined above, DA is entitled to have the bike checked and reassembled properly by another supplier under section 32(a)(ii)(A) of the CGA and is entitled to additional damages under section 32(c) of the CGA. [17] The estimated cost of reassembly/inspection is awarded at $250.00 and the amount paid for registration for the time it was in the workshop (before...

8. AFV v ZUA Ltd [2013] NZDT 401 (28 August 2013) [pdf, 59 KB]

   ...AFV justified in taking his car to another repairer because ZUA Ltd failed to remedy the matter in a reasonable time? (iii) Is ZUA Ltd responsible for the invoice of JR Ltd? Law [3] The relevant law is the Consumer Guarantees Act 1993 (CGA). The CGA implies guarantees into contracts for the supply of goods and services of a kind ordinarily acquired for personal, domestic or household use. In the case of the supply of services, there is a guarantee that the se...

9. SL v T Ltd [2023] NZDT 444 (11 September 2023) [pdf, 171 KB]

   ...the consumer regarding the possibility of pain? What promises or representations were made regarding the outcome? What was the agreed purpose of the treatment? Was the treatment fit for purpose? 4. Section 29 of the Consumer Guarantees Act 1993 (CGA) provides that services must be reasonably fit for any purpose the consumer makes known to the supplier before the contract is formed, unless the circumstances show that the consumer does not rely on the supplier's skill or judgment, or...

10. BC v BT [2021] NZDT 1625 (12 July 2021) [pdf, 175 KB]

    ...the battery failed prematurely and that the problem with the external charger was a fault he should not have to pay for. 3. The question is whether the laptop failed the guarantee of acceptable quality under the Consumer Guarantees Act 1993 (CGA). Did the battery fail prematurely? 1. In order to get the best information about the state of the battery and repairs, the agent was phoned from the hearing. Unfortunately, because of BC’s delay in making the claim, the...