Ministry of Justice

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1. EL v CF Ltd [2022] NZDT 81 (30 March 2022) [pdf, 112 KB]

   ...establish that the car’s roof mechanism was defective at the time he bought the car, and that the other costs he claims were the result of that defect. The law [13] The sale of the car is covered by the Consumer Guarantees Act 1993 (“the CGA”). The CGA provides a guarantee that goods provided by traders to consumers will be of acceptable quality. Goods are of acceptable quality if, among other things, they are acceptable in appearance and finish, and free from minor defects,...

2. DX v STX & SCX [2023] NZDT 493 (2 October 2023) [pdf, 207 KB]

   ...humiliation”. 14. The hearing took place by phone on 18 September 2023. DX and STX participated in the hearing. I was not able to contact SCX on the phone number provided. Law 15. The relevant law is the Consumer Guarantees Act 1993 (“CGA”). 16. Where services are provided to a consumer there is a guarantee that: a. The services will be provided with “reasonable care and skill”; and b. Any product from the service will be fit for the purpose that the cons...

3. AAZ and ABA v ZZE and ZZD [2013] NZDT 29 (25 Febuary 2013) [pdf, 112 KB]

   IN THE DISPUTES TRIBUNAL [2013] NZDT 29 BETWEEN AAZ FIRST APPLICANT AND ABA SECOND APPLICANT AND ZZE FIRST RESPONDENT AND ZZD LTD SECOND RESPONDENT Date of Order: 25 February 2013 Referee: Referee Blake ORDER OF THE DISPUTES TRIBUNAL The Tribunal hereby orders that the claim is dismissed. Facts [1] On 6 August 2012, AAZ and ABA visited BC in [a place]. ABA viewed several pieces,

4. AM v JO Ltd & Ors [2024] NZDT 496 (4 June 2024) [pdf, 206 KB]

   ...as well as a professional one. Did MA or JO Ltd provide job seeking services with reasonable care and skill? CI0301_CIV_DCDT_Order Page 3 of 5 19. Where services are supplied to a consumer, s 28 of the Consumer Guarantees Act 1993 (“CGA”) states that there is a guarantee that the service will be carried out with reasonable care and skill. 20. AM said there was a failure in this case because BM interviewed for a job at a restaurant that was recommended by JO Ltd. Ho...

5. HT v IF Ltd [2024] NZDT 333 (24 April 2024) [pdf, 217 KB]

   ...return of any of the funds paid. Has IF Ltd failed to carry out services with reasonable care and skill as required by the Consumer Guarantees Act 1993? 21. Where services are supplied to a consumer, s 28 of the Consumer Guarantees Act 1993 (“CGA”) states that there is a guarantee that the service will be carried out with reasonable care and skill. 22. HT said that it was a failure of reasonable care and skill not to undertake predeparture testing for Covid. He said tha...

6. MX & MY v F Ltd [2023] NZDT 622 (17 November 2023) [pdf, 103 KB]

   ...was reasonably fit for purpose? b. If so, what is the remedy? Did the company fail to exercise reasonable care and skill and/or fail to provide an outcome that was reasonably fit for purpose? 4. Section 28 of the Consumer Guarantees Act 1993 (CGA) provides that services must be performed with reasonable care and skill. Broadly “reasonable” means the standard of care and skill a reasonable consumer would expect of a reasonable service provider. The guarantee under section 29 of...

7. H Ltd v NB [2024] NZDT 843 (20 December 2024) [pdf, 118 KB]

   ...Ltd. 9. The hearings took place by phone on 29 October and 10 December. Both parties participated in the hearings. Ms D represented H Ltd. Findings Law 10. H Ltd supplied goods and services to NB. The Consumer Guarantees Act 1993 (“CGA”) applies. CI0301_CIV_DCDT_Order Page 2 of 5 11. The CGA imposes guarantees that: a. Goods must be of acceptable quality; and b. Services must be provided with reasonable care and skill. 12. If these guarantees...

8. TZ & AS v TQ [2024] NZDT 220 (8 March 2024) [pdf, 210 KB]

   ...accept that they then agreed in August/September to a new carport for $5,800.00, which was paid but subsequently refunded. 5. In addition to these terms, where a supplier in trade provides services to a consumer the Consumer Guarantees Act 1993 (CGA) applies. This Act set outs guarantees, including those detailed below, and specific remedies. Did TQ fail to exercise reasonable care and skill and/or to produce an outcome that was reasonably fit for purpose within any agreed timeframe...

9. NB & TL v UQ Ltd [2021] NZDT 1657 (13 July 2021) [pdf, 191 KB]

   ...licensed builder and breach the Fair Trading Act 1986? (b) If so, were NB and TL entitled to cancel the contract? (c) Was the work carried out with reasonable care and skill and the restoration reasonably fit for purpose: Consumer Guarantees Act 1993 (CGA) (d) If not, what is the remedy? (e) Are NB and TL entitled to the return of the deposit? Counterclaim: (f) Were NB and TL entitled to cancel the contract? (g) Did NB and TL breach the contract? (h) If so, what is the remedy?...

10. N Ltd v EB [2023] NZDT 469 (5 September 2023) [pdf, 239 KB]

    ...between the parties, there is not sufficient evidence for me to find that the course of dealings established an implied term in respect of the price for materials and labour. 26. N LTD’s services are subject to the Consumer Guarantees Act 1993 (“CGA”). 27. Section 31 CGA states that where services are provided to a consumer there is a guarantee that the consumer is not liable to pay more than a reasonable price for the service. Section 11 CGA has an identical provision in r...