Search Results

1. 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...

2. 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]...

3. 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...

4. 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...

5. 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...

6. 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...

7. 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...

8. 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...

9. 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...

10. 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...