Search Results

1. BG v L Ltd [2023] NZDT 249 (16 May 2023) [pdf, 165 KB]

   ...applicant. I have also, at the end of this decision, added some comments about the applicant’s entitlements hereafter. What law applies? I appreciate the applicant’s representative submitted that the Consumer Guarantees Act 1993 (“the CGA”) does not apply to this case because the applicant is using the piano, in part, for business purposes. However, that submission is incorrect. The Act does apply, as the Act defines “consumer” as “a person who acquires from a supp...

2. IV v O Ltd [2024] NZDT 305 (8 April 2024) [pdf, 188 KB]

   ...evidence provided by O Ltd that the rehandling was expertly supervised in the same way that the initial packing was. If so, does the Consumer Guarantees Act 1993 apply to the carriage of goods? 12. IV said that the Consumer Guarantees Act 1993 (CGA) applies to the claim because the act does not mention the CCLA anywhere or the carriage of goods and that to her knowledge parties to a contract cannot contract out of the CGA. 13. IV said that because the items were broken, it has be...

3. NN v D Ltd [2025] NZDT 82 (10 February 2025) [pdf, 194 KB]

   ...dispute arises from work by D Ltd on NN’s [vehicle], specifically the installation of a second- hand replacement engine. 4. NN claims the engine installed by D Ltd was not ‘fit for purpose’ as required by the Consumer Guarantees Act 1993 (CGA). He seeks an order for $20,823.50, representing a refund of a large proportion of D Ltd’s charges for its work (of $19,087.00) paid by NN, plus costs incurred by NN for work by [Engine Rebuilding Service] of $1,736.50. 5. D Ltd rejects...

4. MVDT Annual Report 2021-2022 [pdf, 356 KB]

   ...consistent with it acting as a motor vehicle trader. The Tribunal also found that even if Forward Motion sold the vehicle on behalf of a third person (of which there was no evidence) it still has liability under the Consumer Guarantees Act 1993 (CGA), as the definition of “supplier” under that Act extends to those who act as an agent for a private seller. Ms Latu’s application to reject the vehicle was declined, but the Tribunal held she was entitled to have the starting fa...

5. BD v B Ltd [2024] NZDT 455 (6 June 2024) [pdf, 193 KB]

   ...If so, is BD entitled to a remedy from B Ltd and is the amount claimed proved and reasonable? Did B Ltd carry out the services it provided to BD regarding the Machine with reasonable skill and care? 4. The Consumer Guarantees Act 1993 (“the CGA”) applies to the contract of services that was formed when BD engaged B Ltd to repair the Machine. The CGA implies various guarantees into a contract of services between suppliers and consumers, including that the services will be carried...

6. TO v QJ Ltd [2018] NZDT 1476 (10 May 2018) [pdf, 188 KB]

   ...Q? c) Is any right to a refund affected by the period of use or TO’s inability to return the battery? Was the battery durable and fit for purpose, and did it correspond with its description? 6. 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, defined in s 7 to include being acceptably durable and fit for common purposes. Under CGA s 8(1)(b), goods are guarantee...

7. QX v XN Ltd [2024] NZDT 110 (16 April 2024) [pdf, 207 KB]

   ...maintained as a reasonable consumer would expect, and it is possible that if it had been serviced, any problem with the hose clamp would have been detected and damage to the motorhome might have been avoided. 4. The Consumer Guarantees Act 1993 (CGA) provides that a claim may be made against a manufacturer of goods if the goods are not of acceptable quality. The definition of manufacturer includes, where goods are manufactured outside of New Zealand, a person that imports or distribu...

8. NX v T Ltd & S Ltd [2024] NZDT 234 (8 March 2024) [pdf, 187 KB]

   ...or T Ltd to cover the installation cost, which both refused to do. NX claimed $204.00 (not $204.13) for having to install the new tap. 3. After discussion with TJ about the definition of ‘manufacturer’ in the Consumer Guarantees Act 1993 (“CGA”), which includes a business that imports and distributes goods from a foreign manufacturer that does not have a place of business in New Zealand, TJ confirmed that S Ltd fits that definition, as they import and distribute tapware that i...

9. TU v TN Ltd [2023] NZDT 484 (26 September 2023) [pdf, 209 KB]

   ...was sent to TN Ltd for inspection. It concluded that the rug was not faulty, and that the fading was caused by strong UV light coming through TU’s full length windows. Law 6. The law of contract and the Consumer Guarantees Act 1993 apply. The CGA provides for a guarantee in all consumer contracts that goods will be of acceptable quality (ss 6 and 7 CGA). The term ‘acceptable quality’ includes: being fit for purposes for which goods of that type are commonly used, acceptable...

10. NS & TS v Q Ltd [2024] NZDT 892 (6 November 2024) [pdf, 148 KB]

    ...CI0301_CIV_DCDT_Order Page 2 of 5 11. The hearing took place by phone on 5 November 2024. Both parties participated in the hearing. UC represented Q Ltd. Findings 12. This sale of goods was subject to the Consumer Guarantees Act 1993 (“CGA”) and the Fair Trading Act 1986 (“FTA”). 13. The CGA says that goods must be fit for any purpose that the consumer makes known, expressly or by implication, to the supplier as the purpose for which the goods are being acquire...