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1. QS v DD Ltd [2022] NZDT 27 (20 April 2022) [pdf, 128 KB]

   ...months later. Those repairs were carried out after the February hearing of this matter during an adjournment period. 6. QS seeks to reject the vehicle, cancel the contract and obtain a refund for amounts paid to date, as per the provisions of the Consumer Guarantees Act 1993 (‘CGA’). She also seeks a refund for breakdown insurance payments made under the contract and alternative transport costs for the period she was without a car. 7. The issues to be determined are: • Wa...

2. SN v G Ltd [2023] NZDT 645 (25 October 2023) [pdf, 184 KB]

   ...like to reassure the parties that all evidence presented to the Tribunal has been considered, but this order only refers to essential evidence material to the issues and is not intended to be a full record of the hearings or evidence presented. Consumer Guarantees Act 1993 7. The supply of excavation services is subject to contract law and to the statutory guarantees set out in the Consumer Guarantees Act 1993 (the Act). CI0301_CIV_DCDT_Order Page 2 of 3 8. Section 28 of...

3. DB v K Ltd [2024] NZDT 325 (16 April 2024) [pdf, 98 KB]

   ...result of misuse, while admitting it had not viewed the oven and was inferring this from the applicant’s and technician’s earlier reports. [7] As discussed at hearing, the Tribunal is required to apply the relevant law. In this case, as this is a consumer sale, the sale is subject to both the law of contract and the Consumer Guarantees Act 1993 (CGA). In terms of the CGA, goods supplied to a consumer must be of acceptable quality. A consumer has a right of redress against a supplier...

4. BG Ltd v YT [2014] NZDT 603 (29 April 2014) [pdf, 218 KB]

   ...$2,000 less the wreck value of $450 received for it. YT denies liability claiming that she advised BG on 3 August that she could not afford to proceed with the agreement. Law [2] Law of Contract, Contractual Remedies Act 1979, Credit Contracts and Consumer Finance Act 2003 (CCCFA) and Credit (Repossession) Act 1997 (C(R)A). Issues [3] Is BG entitled to compensation at the amount claimed for breach of contract by YT with, as sub-issues: a. Whether the agreement is a consumer cred...

5. XI v N Ltd & T Ltd [2021] NZDT 1603 (3 August 2021) [pdf, 181 KB]

   ...30 August 2020. e. $6046.17 for the North Shore Cardiology Department service on 31 August 2020. f. $880.30 comprising $440.15 for each of 2 reviews on 20 September 2020 and 18 February 2021. 3. The issues to be determined are: a. Does the Consumer Guarantees Act 1993 apply? i. If so, is N Ltd liable under Consumer Guarantees Act 1993 for the breach of any guarantee concerning the original pacemaker which was supplied by N Ltd China Limited and implanted in China and any reasonab...

6. GP v SKS Ltd [2017] NZDT 1168 (10 February 2017) [pdf, 76 KB]

   ...issues I must decide are: a. Is the security system of acceptable quality? b. Is the monitoring service being provided with reasonable skill and care? c. Are the amounts claimed reasonable? Is the security system of acceptable quality? [4] The Consumer Guarantees Act 1993 provides protection for consumers when purchasing goods from suppliers. Section 6 of the Act requires goods to be of acceptable quality. Section 7 of the Consumer Guarantees Act states that acceptable quality m...

7. BC v ST Ltd [2024] NZDT 381 (2 May 2024) [pdf, 194 KB]

   ...reasonable care and skill and was the product of the service fit for purpose? • What remedy is available to BC? Did ST Ltd provide its service with reasonable care and skill and was the product of the service fit for purpose? 5. The Consumer Guarantees Act 1993 (‘CGA’) provides statutory guarantees to consumers, the relevant guarantees in this case being that a supplier will carry out its services with reasonable care and skill and that the product resulting from a servic...

8. NS v TN & C Ltd [2024] NZDT 544 (4 July 2024) [pdf, 110 KB]

   ...then cancelled it on 30 November 2023. The booking was to be from 30 December to 1 January. NS and his family had to find alternative accommodation but not in [Town] but a long way inland at [alternative accommodation]. 2. NS is claiming: Consequential losses of: a. Accommodation expenses (the difference in price between TN’s bach and the alternative accommodation) - $155.70. b. Travel expenses (the travel difference to go back and forth from the alternative accommodation...

9. KQ v UN [2023] NZDT 127 (10 May 2023) [pdf, 104 KB]

   ...ongoing costs of treating the problem in question. The respondent says that as soon as she was contacted by the applicant with respect to the problem that has lead to this claim, a refund was offered (by telephone). 4) The relevant law is the Consumer Guarantees Act 1993; in particular, the guarantee [s.6] that a good supplied to a consumer should be of ‘acceptable quality.’ The issues to be determined by the Tribunal are: a) Is the dog sold by the respondent to the applicant...

10. LG v OE [2023] NZDT 48 (30 January 2023) [pdf, 199 KB]

    ...acceptable quality? b. If not, was it remedied within a reasonable time? c. If the failure was not remedied, can LG reject the spa pool and obtain a refund? CI0301_CIV_DCDT_Order Page 2 of 4 Was the spa pool of acceptable quality? 7. The Consumer Guarantees Act 1993 (“CGA”) applies when goods are supplied to a consumer in trade. I am satisfied that OE was “in trade” for the purposes of the CGA as LG described him as undertaking a business of buying old spa pools,...