Search Results

1. MT v CE Ltd [2022] NZDT 141 (15 August 2022) [pdf, 95 KB]

   ...for a refund of the installation costs, plus reimbursement for the set up costs charged by her new provider. 3. The issues to be determined are as follows: a. Was the service fit for purpose? b. If not, what remedy is MT entitled to under the Consumer Guarantees Act 1993? Was the service fit for purpose? 4. The Consumer Guarantees Act 1993 (CGA) implies guarantees into consumer contracts for the protection of consumers. Section 29 of the CGA provide a guarantee that services w...

2. XQ v T Ltd [2022] NZDT 85 (8 February 2022) [pdf, 214 KB]

   ...some of his own time in preparing for the hearing. 2. This is a claim for consequential losses and costs incurred in the amount of $187.61 as a result of the supply of an alleged faulty item. 3. The issues were as follows: a. Does the Consumer Guarantees Act 1993 (CGA) apply? b. If yes, has there been a breach of the guarantee of acceptable quality in the CGA? c. If so, what remedies are available, including consequential losses? d. If the answer to question 1 is no, then has...

3. TD v U Ltd [2023] NZDT 414 (14 August 2023) [pdf, 192 KB]

   ...travelled about 29,600kms. After repairs were carried out the vehicle broke down again about 2,000kms later. The campervan was taken to [mechanic] where it was repaired. 2. TD believes that U Ltd is liable for the cost of the repairs under the Consumer Guarantees Act 1993 (CGA). She has claimed the cost of towing relating to the [City] breakdown $1,146.75; the F Ltd repair cost of $8,208.00 plus credit card surcharge $164.16; Incidentals and roadside assistance during the [City]...

4. NZ BORA Advice - Electricity Industry Amendment Bill [pdf, 154 KB]

   ...Under the principal Act, the Electricity Authority (the Authority) is the regulator and has the statutory objective of promoting competition in, reliable supply by, and the efficient operation of, the electricity industry for the long-term benefit of consumers. The Bill was drafted in response to a review of whether the electricity sector is delivering fair and equitable prices to consumers. 6. The Bill aims to remove ambiguity in the Authority’s ability to regulate industry participan...

5. DZ v VA, VAV Ltd & VAVU Ltd [2016] NZDT 921 (9 June 2016) [pdf, 86 KB]

   ...care? b) If not, is DZ entitled to cancel her contract? c) If so, is VAVU Ltd liable to refund to DZ the cancellation fees that VAV Ltd have deducted? Did VAVU Ltd supply its services with reasonable skill and care? [4] Section 28 of the Consumer Guarantees Act (CGA) provides that suppliers of services must provide their service with “reasonable skill and care”. [5] I find that VAVU Ltd did not provide its services to DZ with reasonable skill and care. VAVU Ltd’s rep...

6. MN v N Ltd [2022] NZDT 281 (4 November 2022) [pdf, 192 KB]

   ...Is MN/Insurer entitled to claim compensation for the cost of remedying the damage? 12. Under the Consumer Guarantees Act 1993 (CGA) guarantees are provided for consumers who use services. Section 32(c) provides that if a faulty service causes consequential damage to a consumer’s property, the provider may be liable to pay for the cost of the consequential damage, if it was foreseeable. I am satisfied on the balance of probabilities, based on the evidence before me, that the malfu...

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

   ...of only 6,000 kg, and a 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...

8. FB v TY & TYY [2015] NZDT 1049 (10 December 2015) [pdf, 159 KB]

   ...only 6,000 kg, and a reasonable person knowing this would have sought TYY’s confirmation rather than relying on TY’s assurance that it had obtained cover. [3] FB now claims $1,479.60 against both TY and TYY 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. Issues (a) Does this dispute cover issues already determined by t...

9. DE v UC Ltd [2024] NZDT 203 (17 January 2024) [pdf, 96 KB]

   ...several issues with the ‘poor position of the implant and lack of cleansability of the crown’. DE paid $1,201.00 for the removal of the crown and implant. At the time of this hearing, he was still undergoing remedial work on his teeth. 8. The Consumer Guarantees Act 1993 provides consumers with a guarantee at section 28 that services will be provided with reasonable skill and care and at section 29, a guarantee that they will be fit for purpose. If either guarantee is not met b...

10. LX v GQ Ltd [2021] NZDT 1696 (31 May 2021) [pdf, 212 KB]

    ...subsequently acknowledged that this was not the case and that the damage was caused by the tip of a drawstring torn from a pair of shorts during the wash cycle, as originally stated by their technician. 4. The Applicant brings this claim pursuant to the Consumer Guarantees Act 1993 (CGA) and seeks a refund of the $1,299.00 purchase price of the washing machine and the costs of having to go the laundromat in the meantime in the amount of $416.00, for a total claim of $1,715.00. 5. Th...