Search Results

1. [2019] NZCAA 1 (18 January 2019) [pdf, 216 KB]

   ...years’ experience and had imported about 100 vehicles, so could not have failed to understand the risk of odometer tampering. [10.3] It was negligent not to properly check the odometer readings. [10.4] Mitigation was not appropriate or possible as consumer protection was the overriding factor. [10.5] The consequence of forfeiture was proportionate, given the vehicle’s value of NZD 3,119. 4 Reply from the appellant [11] The appellant replied to Customs’ posit...

2. BK & BH v FF [2023] NZDT 68 (31 March 2023) [pdf, 210 KB]

   ...CI0301_CIV_DCDT_Order Page 3 of 6 11. I am satisfied on the evidence before me that the value of the 80,000 [Airline points] is NZ $3,800.00. Are the BK and BH entitled to the cash equivalent of the 80,000 [Airline points]? 12. The Consumer Guarantees Act 1993 (CGA) is applicable. There are certain guarantees under the CGA (which cannot be contracted out of). The applicable guarantee is that the guarantee the service is reasonably fit for a particular purpose (s29 of the CGA...

3. KL v WS LCRO 160/2013 Penalty (15 June 2016) [pdf, 38 KB]

   ...Conveyancers Act 2006 AND CONCERNING a determination of the Area Standards Committee BETWEEN KL Applicant AND WS Respondent The names and identifying details of the parties in this decision have been changed. CONSEQUENTIAL ORDERS Section 156 Introduction and Background [1] Pursuant to s 211(1)(a) of the Lawyers and Conveyancers Act 2006, on review the decision of the Standards Committee has been: (a) modified to record a determination ma...

4. E v T [2021] NZDT 1310 (28 January 2021) [pdf, 226 KB]

   ...where the justice of the case requires it. (d) The second is that three factors exist in this case which make such a step appropriate. These factors are as follows: (i) The Company was in the business of property development. Ms E is a consumer, in the sense that she has purchased the house to be her home from an entity that is in trade. Consumers often do not turn their minds to the potential for it to be hard to recover any compensation from a Company. If they did, they...

5. OQ v N Ltd [2023] NZDT 660 (24 November 2023) [pdf, 199 KB]

   ...about the vehicle and what he had done. I’m sorry there is nothing more we can do. 12. OQ emailed N Ltd on 25 November, 2 December and 27 January, challenging N Ltd’s decision not to provide any remedy and referring to her rights under the Consumer Guarantees Act. She asked N Ltd to either repair the vehicle or refund the repair cost. N Ltd repeated that the motor was outside the warranty and the parts supplier would not provide any compensation. Law 13. The law of contract...

6. EC v NI [2023] NZDT 734 (14 December 2023) [pdf, 189 KB]

   ...The issues to be resolved are: a. Was the job carried out with reasonable care and skill and was it fit for purpose? b. If not, is any payment due? Was the job carried out with reasonable care and skill and was it fit for purpose? 5. The Consumer Guarantees Act 1993 (CGA) implies into all consumer contracts a set of minimum standards (guarantees) for goods and services when they are supplied in trade to consumers. The relevant sections regarding guarantees are in s 28 -that a...

7. QN v C Ltd [2022] NZDT 209 (22 May 2022) [pdf, 216 KB]

   ...value of approximately $700 and it is unreasonable for the applicant to claim repairs of approximately $3,000.00. The respondent claims this repair cost is not commensurate with the value of the work contracted for. [20] The applicant relies upon the Consumer Guarantees Act. [21] The transaction is governed by the law of contract and the Consumer Guarantees Act 1993 (the Act) because the goods and services supplied by the respondent to the applicant were of the kind ordinarily required...

8. EP v UK LTD & UKU LTD 2016 NZDT 893 (7 December 2016) [pdf, 137 KB]

   ...Tribunals Act 1988. Issues [7] The issues to determine are: a) Did EP have a contractual relationship with one or both respondents? b) Did UK Ltd perform its car repair service in a reasonable time as per section 30 of the Consumer Guarantees Act 1993 (‘CGA’)? c) Did UK Ltd perform its service with reasonable care and skill (section 28, CGA)? d) Was any failure a failure of substantial character (section 36, CGA)? e) What remedy is available to EP? Did EP...

9. SM v D Ltd [2023] NZDT 155 (10 May 2023) [pdf, 229 KB]

   ...the applicants to bring the claim within the jurisdiction of the Disputes Tribunal. CI0301_CIV_DCDT_Order Page 2 of 4 5. The issues to be determined are: • Did D Ltd carry out its service with reasonable care and skill as per the Consumer Guarantees Act 1993 (CGA)? • Was any failure of CGA guarantee one of substantial character? • What remedy is available to SM/GN? Did D Ltd carry out its service with reasonable care and skill as per the Consumer Guarantees...

10. LQ Ltd v JN & BN [2022] NZDT 2 (14 February 2022) [pdf, 224 KB]

    ...excessive for the work done. 5. The issues to be resolved are: (a) Is it more likely than not that JI removed the fuse? (b) If so, how much is payable for the work done? Is it more likely than not that JI removed the fuse? 6. The Consumer Guarantees Act 1993 provides that a service should be provided with reasonable skill and care (s28). There is no dispute that the work done on the cylinder was done properly. However, the responsibility to act with due care relates n...