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1. UI Ltd & IC Ltd v JU Ltd & UT Ltd [2020] NZDT 1463 (14 July 2020) [pdf, 250 KB]

   ...appropriate remedy? (b) Is the amount claimed proved and reasonable? Is IC and/or UI entitled to a full replacement of the floor from UT and/or HU, or is there another more appropriate remedy? 16. The Consumer Guarantees Act 1993 (“the CGA”) implies certain guarantees into contracts for the supply of goods and services between suppliers and consumers. A “consumer” means a person who acquires goods and services of a kind ordinarily acquired for personal, domestic or house...

2. FB Ltd v HE & QE [2023] NZDT 676 (6 December 2023) [pdf, 172 KB]

   ...2023. 28. Accordingly, the Tribunal finds that HE and QE are liable for interest in the amount of $1,257.12. Is FB Ltd liable for the replacement of the 4 doors that HE and QE are now unhappy with? 29. The Consumer Guarantees Act 1993 (CGA) applies. The CGA requires that HE and QE notify FB Ltd of any defects within a reasonable time. HE and QE notified FB Ltd that they were unhappy with the width of the door W12 opening shortly after installation. CI0301_CIV_DCDT_Orde...

3. TO Ltd v TX [2020] NZDT 1360 (11 December 2020) [pdf, 255 KB]

   ...amount charged was $6350.69+GST which was for 2 days of vegetation clearing. 20. In terms of what was actually carried out by TO, because this item was priced as a provisional sum, it will be looked at in terms of ‘reasonable price’ under the CGA guarantee (section 31). TX has provided photographs of the site before work began which appear to show a vegetation clearing job of minimal scope. TO’s invoices seem to indicate that a small amount of vegetation was removed from sit...

4. TT v KU [2020] NZDT 1324 (9 September 2020) [pdf, 230 KB]

   ...Ms C was a private seller. Once a private seller uses an agent to sell who themselves is in trade, the transaction as a whole becomes a sale “in trade”. 11. As a result, the transaction was subject to the statutory guarantees set out in the CGA. Is the pony of acceptable quality and fit for purpose? 12. As the CGA applied, the pony was required to be of acceptable quality and fit for purpose. 13. The test for acceptable quality is whether a reasonable consumer would consider...

5. N Ltd v KB [2024] NZDT 101 (26 February 2024) [pdf, 140 KB]

   ...any location change over time, and can change rapidly in some circumstances. c. He highlighted the depth issue when corresponding with KB, and he advised KB to contact the [Regional Council]. 1 Section 28, Consumer Guarantees Act 1993 (“CGA”) 2 Sections 32 and 35-38 CGA 3 Section 32(c) CGA CI0301_CIV_DCDT_Order Page 5 of 7 d. The Harbour Master has the authority to approve or deny moorings. The Harbour Master was satisfied with all aspects of this mooring. e. N...

6. CEIT Annual Report 2022 [pdf, 446 KB]

   ...defence that the false and inflated repair expenses were part of accepted Chinese business practice. Limitations under the Consumer Guarantees Act [35] A homeowner brought a claim for defective repair works under the Consumer Guarantees Act 1993 (CGA). The repair works were completed in May 2014, and the defects period under the building contract expired on 26 August 2014. The application to the Tribunal was filed on 22 February 2022. The Tribunal considered the relationship betw...

7. RC v LUD Group Ltd [2021] NZDT 1380 (20 April 2021) [pdf, 215 KB]

   ...consider whether this caused a loss to RC. Conclusion 28. For completeness I note that during the first hearing on 23rd February 2021 RC had indicated that he wished to make a claim against LUD for breach of the Consumer Guarantees Act 1993 (CGA 1993). During the hearing on 16th April 2021 RC withdrew this claim. In its submission sent to the Tribunal on 5th April 2021 LUD stated that it thought that RC’s CGA claim was frivolous as that it did not address in any way the matter at...

8. MH & QH v I Ltd [2023] NZDT 597 (2 November 2023) [pdf, 208 KB]

   ...confirm that I have read those submissions and evidence and taken them into account before making any decision. Is the pergola fit for purpose? 10. The installation of the pergolas is covered by the warranties in the Consumer Guarantees Act 1993 (CGA). These warranties require the installation of the pergola to be ‘fit for purpose’ and completed with ‘reasonable skill and care.’ These warranties are the same as those in s362I (1)(b)(i) and (1)(d)(i) of the Building Act 2004....

9. SC v QS [2022] NZDT 68 (3 May 2022) [pdf, 485 KB]

   ...between the principal and the third party. However, an agent in trade who acts for a principal who is not in trade in the supply of goods or services may be personally liable for the obligations imposed on suppliers by the Consumer Guarantees Act 1993 (CGA) (under the definition of supplier at (b)(iv), s 2). 10. Therefore, the facts of the authority between DC and QS are relevant to the claim against QS. 11. QS says: a) He is a friend of DC and has been for many decades; b) D...

10. K Ltd v UD [2024] NZDT 568 (15 July 2024) [pdf, 248 KB]

    ...late invoicing of the lights. Under UD’s claim: Was the pool base prepared and placed with reasonable care and skill, and was the placement fit for the purpose? 16. By virtue of sections 28 and 29 of the Consumer Guarantees Act 1993 (CGA), K Ltd was required to carry out all services it supplied to UD with reasonable care and skill and so that they were reasonably fit for the purpose. In this case that included K Ltd’s preparation of the base and the placing of the pool...