Search Results

1. E Ltd v M Ltd [2020] NZDT 1658 (11 November 2020) [pdf, 161 KB]

   ...Does the Consumer Guarantees Act 1993 apply? b. If so, were the goods supplied of “acceptable quality”? CI0301_CIV_DCDT_Order Page 2 of 5 c. If the goods were not of acceptable quality, is E Ltd entitled to reject the goods? d. What consequential losses are proven? Does the Consumer Guarantees Act 1993 (“CGA”) apply? 9. Mr T (who represented E Ltd Ltd at the hearing) argued that the CGA applies, and the seedlings supplied were not of acceptable quality. 10...

2. MJ v OM Ltd [2023] NZDT 52 (21 February 2023) [pdf, 177 KB]

   ...acceptably durable? b) Did the vacuum cause the damage to the skirtings and door? c) What sum, if any, is payable? Was MJ misled into purchasing the extended warranty? Was the vacuum acceptably durable and fit for purpose? 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,...

3. KQ v FH [2022] NZDT 185 (25 October 2022) [pdf, 98 KB]

   ...failed on the night. Whilst this may have been the case, I find there is no causal link between the two occasions as the bull could have failed for various reasons. Was the failure of a substantial character? 13. By virtue of section 29 of the Consumer Guarantees Act 1993, (“CGA”), where services are supplied to a consumer there is a guarantee that the service will be reasonably fit for any particular purpose; of such a nature and quality that it can reasonably be expected to a...

4. TI v N Ltd [2019] NZDT 1438 (30 September 2019) [pdf, 200 KB]

   ...in the Disputes Tribunal) towards the cost of the remedial work. 4. The issues to be determined are: a. Did BCS carry out its inspection services with reasonable skill and care? b. If not, what remedies are available to TI under the Consumer Guarantees Act 1993? c. Is TI entitled to remedial costs? Did BCS provide its inspection services with “reasonable skill and care”? CI0301_CIV_DCDT_Order Page 2 of 6 5. Section 28 of the Consumer Guarantees Act 19...

5. DX v STX & SCX [2023] NZDT 493 (2 October 2023) [pdf, 207 KB]

   ...compensation for “hurt and humiliation”. 14. The hearing took place by phone on 18 September 2023. DX and STX participated in the hearing. I was not able to contact SCX on the phone number provided. Law 15. The relevant law is the Consumer Guarantees Act 1993 (“CGA”). 16. Where services are provided to a consumer there is a guarantee that: a. The services will be provided with “reasonable care and skill”; and b. Any product from the service will be fit...

6. NT v HS [2020] NZDT 1312 (21 October 2020) [pdf, 270 KB]

   ...It took some time for the horse to recover. 3. NT seeks a refund of the horse, plus remedial costs, or alternatively, remedial costs, plus training fees to bring the horse back into work. 4. The issues to be resolved are: (a) Does the Consumer Guarantees Act 1993 apply to the sale? (b) Was the horse of acceptable quality and fit for purpose, as those terms are defined in the CGA? (c) Are both parties “in trade”? (d) If so, did clause 7.9 of the [redacted] conditio...

7. AS v EI Ltd [2023] NZDT 2 (24 January 2023) [pdf, 169 KB]

   ...obligation on the customer to do so and AS has provided good enough reasons today as to why she did not want to have any contact with that neighbour at all. 3. EI Ltd did not attend the hearing today so I make this order in their absence. 4. The Consumer Guarantees Act 1993 provides guarantees to consumers that goods will be of acceptable quality and services will be provided with reasonable care and skill (among other guarantees). 5. Arranging delivery of the plant to AS was a...

8. 2021-07-06 ORC - Position on Objective, CWS & Hydro - amended [pdf, 252 KB]

   ...identified in Schedule 10A.5.1 and the application includes the following: (a) A consent expiry date no later than 31 December 2035; and (b) A Water Management Plan; and (c) An assessment of any adverse effects on the environment, including any consequential effects of the end use of water, arising from the activity continuing beyond a six year period; or (2) the take and/or use of water for hydro-electricity generation associated with the Waipori and Deep Stream Hydroelectric Power...

9. 2021-07-06 ORC - Position on Objective, CWS & Hydro [pdf, 251 KB]

   ...identified in Schedule 10A.5.1 and the application includes the following: (a) A consent expiry date no later than 31 December 2035; and (b) A Water Management Plan; and (c) An assessment of any adverse effects on the environment, including any consequential effects of the end use of water, arising from the activity continuing beyond a six year period; or (2) the take and/or use of water for hydro-electricity generation associated with the Waipori and Deep Stream Hydroelectric Power...

10. ST v F Ltd NS [2023] NZDT 563 (6 November 2023) [pdf, 179 KB]

    ...hard against the wall, there would be a 7mm overhang along the edge to help protect the unit. 7. I therefore find that the responsibility for the failure of the vanity lies with NS. The inadequate installation amounts to a failure under s 28 of the Consumer Guarantees Act 1993 (CGA), which provides that where services are supplied to a consumer, there is a guarantee that the service will be carried out with reasonable care and skill. What remedy, if any, should be given to ST? 8. Th...