Search Results

1. Z Ltd v P Ltd [2023] NZDT 604 (7 November 2023) [pdf, 230 KB]

   ...the plumbing services provided by P Ltd which resulted in loss to Z Ltd? e) Is P Ltd liable to pay Z Ltd all or any part of the amount claimed of $1,999.00? Does the Consumer Guarantees Act 1993 apply? 3. The Consumer Guarantees Act 1993 (“CGA”) makes provision for certain protections for consumers when they obtain goods and/or services from a supplier. Section 2 of the CGA provides that a consumer is a person who acquires, from the supplier, goods or services of a kind ordina...

2. AGP v ZTZ Ltd [2009] NZDT 554 (23 November 2009) [pdf, 69 KB]

   IN THE DISPUTES TRIBUNAL [2009] NZDT 554 BETWEEN AGP APPLICANT AND ZTZ Ltd RESPONDENT Date of Order: 23 November 2009 Referee: Referee Benson ORDER OF THE DISPUTES TRIBUNAL The Tribunal hereby orders that the claim is transferred to the Motor Vehicle Disputes Tribunal at Auckland. [1] In January 2003, AGP purchased a new Peugeot 307 motor vehicle from ZTZ Ltd. In 2009, the automatic transmission

3. OT US v N Ltd [2023] NZDT 169 (8 June 2023) [pdf, 196 KB]

   ...Responsible for theft or damage to vehicles”. 6. OT said that although he was aware of the signage US who owns the car was not. 7. OT submitted that signage can not protect the business from responsibility. He said the Consumer Guarantees Act 1993(CGA) does not mention signage which he said in summary meant that the CGA applies and the signs are of no importance. 8. OT said that R Ltd should be covering a claim by N Ltd. 9. OT said that he left the car parked near the door...

4. GC v DM & PO Ltd [2022] NZDT 64 (7 June 2022) [pdf, 99 KB]

   ...ensure the supply of parts? c) Was the consumer entitled to reject the motor? d) What sum, if any, is payable? CI0301_CIV_DCDT_Order Page 2 of 4 Was the motor of acceptable quality? 4. Section 6 of the Consumer Guarantees Act 1993 (CGA) provides that where goods are supplied to a consumer, there is a guarantee that the goods will be of acceptable quality. Section 7 defines acceptable quality to include being as durable and fit for common purposes as a reasonable consumer f...

5. BG v L Ltd [2023] NZDT 249 (16 May 2023) [pdf, 165 KB]

   ...applicant. I have also, at the end of this decision, added some comments about the applicant’s entitlements hereafter. What law applies? I appreciate the applicant’s representative submitted that the Consumer Guarantees Act 1993 (“the CGA”) does not apply to this case because the applicant is using the piano, in part, for business purposes. However, that submission is incorrect. The Act does apply, as the Act defines “consumer” as “a person who acquires from a supp...

6. KU v N Ltd [2023] NZDT 778 (11 September 2023) [pdf, 96 KB]

   ...or fail within a reasonable time to remedy the problems? c) What remedies, if any, are available to the consumer? CI0301_CIV_DCDT_Order Page 2 of 3 Was the car of acceptable quality? 5. Section 6 of the Consumer Guarantees Act 1993 (CGA) provides that where goods are supplied to a consumer, there is a guarantee that the goods will be of acceptable quality. Section 7 defines acceptable quality to include being as durable, fit for common purposes, acceptable in appearance, and...

7. LO v BH Ltd [2019] NZDT 1555 (5 August 2019) [pdf, 154 KB]

   ...problem with the replacement sofas in April this year he was just outside his one-year warranty period. CI0301_CIV_DCDT_Order Page 2 of 3 8. I explained to the parties that there are various guarantees under the Consumer Guarantees Act (“CGA”) that a supplier of goods and services are deemed to have given to consumers regardless of any “shop warranties”. It appeared that MA and MI were not aware of a consumers’ rights under the CGA. A supplier cannot contract out of the...

8. CT v DF Ltd [2024] NZDT 167 (25 March 2024) [pdf, 181 KB]

   ...and other costs/losses. 2. The issues to be resolved are as follows: a) Was the battery of acceptable quality? b) If not, is CT entitled to claim $8,000.00? Was the battery of acceptable quality? 3. 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 personal, d...

9. FD v WJ Ltd & LD Ltd [2015] NZDT 1465 (10 December 2015) [pdf, 147 KB]

   ...reasonable person knowing this would have sought WJ’s confirmation rather than relying on LD’s assurance that it had obtained cover. 3. FD now claims $1,479.60 against both LD and WJ by way of damages for breach of the Consumer Guarantees Act 1993 (CGA). This sum represents the cost of the ABS replacement less the premium refund and the $250.00 policy excess, plus his $45.00 filing fee. 4. The issues to be determined are: a) Does this dispute cover issues already determined by th...

10. NH & ND v U Ltd [2021] NZDT 1681 (7 December 2021) [pdf, 98 KB]

    ...for purpose? c) Was there a reasonable opportunity to remedy? d) Is ND and NH entitled to a full refund of $17,160? Was the roofing work that was completed done with reasonable skill and care? 5. Under the Consumer Guarantees Act 1993 (‘CGA’) it 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 under Section 28 of the CGA tha...