Search Results

1. ED v MA [2023] NZDT 556 (18 April 2023) [pdf, 177 KB]

   ...claim in the Disputes Tribunal. 2. This is a claim for $110.00 which is the vet fee for prescribing medication to treat the kitten ED bought from MA. 3. The issues to be decided were as follows: a. Does the Consumer Guarantees Act 1993 (CGA) apply to the sale of the kitten? b. If so, has the kitten breached the guarantee of acceptable quality, and is the cost of treatment claimable? 4. No phone number of MA was available and she was unable to be contacted for the claim. Un...

2. EM v S Ltd [2023] NZDT 171 (5 June 2023) [pdf, 124 KB]

   ...fee given the costs provisions of the Tribunal in the Disputes Tribunal Act 1988 (section 43). 3. In deciding whether EM is entitled to a refund or other compensation I need to have regard to the provisions of the Consumer Guarantees Act 1993 (CGA) and the Fair Trading Act 1986 (FTA). While S for S Ltd explained there is no refund available for a change of mind, I am satisfied both the CGA and the FTA applied given S is in trade and is a supplier of goods and services under the CGA....

3. JX v SB [2024] NZDT 379 (6 June 2024) [pdf, 130 KB]

   ...time but although I left messages on the phone number provided for SB he did not respond. 3. The absence of a respondent does not stop the hearing from proceeding. 4. The issues to be resolved are: (a) Does the Consumer Guarantees Act 1993 (CGA) apply to the sale? (b) If so, was the fridge of acceptable quality? (c) If not, what is the remedy? Does the Consumer Guarantees Act 1993 (CGA) apply to the sale? 5. For the CGA to apply to a sale, the purchaser must be “consumer...

4. UM v F Ltd [2023] NZDT 599 (22 November 2023) [pdf, 201 KB]

   ...repair the fire and said the gas fitter phoned F LTD’s technical advisor team during the repairs. The fire was repaired, and UM was charged $477.25 for this repair, which he claimed from F LTD. Law 3. The Consumer Guarantees Act 1993 (“CGA”) applies here. Sections 25-27 CGA deal with claims against manufacturers. 4. Section 25 CGA provides recourse for a consumer where a manufacturer fails to comply with a guarantee of acceptable quality or where the goods fail to comply...

5. KC & TC v B Ltd [2024] NZDT 278 (16th April 2024) [pdf, 181 KB]

   ...will need a [visa]. The website also clearly states that persons booking on the site are responsible for all travel documentation as does B Ltd’s conditions of travel. 4. TC and KC consider the terms of the Consumer Guarantees Act 1993, the CGA, apply to the booking service supplied by B Ltd and that the service was not supplied with reasonable care and skill. B Ltd responds that the CGA does not apply to air travel services by virtue of the Montreal Convention which is adopted int...

6. E Ltd v XL [2024] NZDT 563 (9 July 2024) [pdf, 239 KB]

   ...he accepted. Issues 7. As this claim is filed by E Ltd, the onus of proof lies on E Ltd to satisfy the Tribunal, on the balance of probabilities, that the amount claimed is due to be paid to them. 8. The Consumer Guarantees Act 1993 (“CGA”) applies to this dispute and referring to the CGA, I outline the following issues: a. Did E Ltd’s work meet the guarantee as to fitness of a particular purpose pursuant to section 29 of the CGA? CI0301_CIV_DCDT_Order Pag...

7. PI v B Ltd [2024] NZDT 745 (22 October 2024) [pdf, 191 KB]

   ...$189 for the circulation pump and a further $149.99 for installation. 6. He files this claim seeking the technician’s inspection fee, circulation pump and the installation cost amounting to $488.99 under the Consumer Guarantees Act 1993 (“the CGA”). Issues 7. I outline the following issues: a. Was the spa of acceptable quality under the CGA? b. What, if any, remedy is PI entitled to under the CGA? Was the spa of acceptable quality under the CGA? 8. Section 6(1...

8. E Ltd v M Ltd [2020] NZDT 1658 (11 November 2020) [pdf, 161 KB]

   ...of “acceptable quality”? CI0301_CIV_DCDT_Order Page 2 of 5 c. If the goods were not of acceptable quality, is E Ltd entitled to reject the goods? d. What consequential losses are proven? Does the Consumer Guarantees Act 1993 (“CGA”) apply? 9. Mr T (who represented E Ltd Ltd at the hearing) argued that the CGA applies, and the seedlings supplied were not of acceptable quality. 10. Mr Q and Mr X (representing M Ltd) submitted that the CGA does not apply. 11....

9. ACV v ZXE [2013] NZDT 213 (26 August 2013) [pdf, 46 KB]

   ...damaged the bike and whether the costs claimed are reasonable. Decision Did ZXE Ltd intentionally damage the bike? [4] There was a written contract signed by the parties. This contract is covered by the Carriage of Goods Act 1979 (CGA). The CGA applies to all domestic carriage of goods within New Zealand, whether goods are carried by road, rail, sea or air. The CGA provides for four different categories of contracts, and the extent of an individual carrier’s respon...

10. DQ v IC [2023] NZDT 710 (17 December 2023) [pdf, 207 KB]

    ...puppy] of acceptable quality? 8. Contract law recognises that contracts have terms expressly agreed between the parties and may also have terms which can be implied by law. An example of this type of law is the Consumer Guarantees Act 1993 (“CGA”). The CGA implies into contracts a set of minimum standards (guarantees) for goods and services supplied in trade to consumers. Section 6 CGA says goods, which includes an animal, must be of an acceptable quality. Further explanations...