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1. BU v NPU [2023] NZDT 327 (30 June 2023) [pdf, 244 KB]

   ...balance of probabilities, that is, whether the issues raised by them are more likely than not to have occurred. If that is proved then whether NPU breached the terms of is contract with BU and/or any provision under the Consumer Guarantees Act 1993 (CGA), more specifically the provisions raised by BU (which they say apply in relation to the issues) namely s 28 of the CGA (which provides that services must be carried out with reasonable care and skill) and s 29 (which provides that service...

2. CX-v-XC-Law-Firm-2015-NZDT-885-16-July-2015 [pdf, 118 KB]

   ...Issues [5] The issues to determine are: a. What was the time period DD of XC Law Firm was engaged for? b. Did XC Law Firm provide their services to CX with reasonable care and skill as per section 28 of the Consumer Guarantees Act 1993 (‘CGA’)? c. Is CX entitled to any remedy under the CGA, and if not, what is due on the counter-claim? What was the time period DD of XC Law Firm was engaged for? [6] CX contends that DD voluntarily ended his own representation...

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

   ...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, acceptable in appearance, a...

4. OL v TV [2022] NZDT 268 (23 December 2022) [pdf, 183 KB]

   ...a. Is TV in the trade of selling restored motorcycles? b. If so, was the motorcycle of acceptable quality? c. What remedy, if any, is OL entitled to? Is TV in the trade of selling restored motorcycles? 4. The Consumer Guarantees Act 1993 (CGA) implies guarantees into consumer contracts for the protection of consumers. The CGA applies to consumer contracts where the supplier of the goods or services is in trade, and includes situations where the supplier, “supplies goods to a co...

5. DH & XH v G Ltd [2024] NZDT 9 (24 January 2024) [pdf, 177 KB]

   ...were offered a credit of 50% of the purchase price. Issues 5. To resolve this application, I need to consider: a. Was the Furniture fit for purpose? And b. What is a reasonable remedy? Fit for purpose 6. The Consumer Guarantees Act 1993 (CGA) requires that consumer goods must be fit for the purpose they are purchased for, and that purpose is the one for which the type of goods is commonly supplied1. In this case the furniture is high end outdoor furniture. It was used as pool...

6. EH v KS [2023] NZDT 415 (25 August 2023) [pdf, 182 KB]

   ...breach of his responsibilities under the contract and, if so, to what remedy is EH entitled. Findings 8. Firstly, the area of law that applies to this claim is contract, overlaid by the provisions of the Consumer Guarantees Act 1993, (the CGA). Dog boxes are goods that are ordinarily acquired for domestic or personal use or consumption, that being the definition of a consumer purchase in the CGA. CI0301_CIV_DCDT_Order Page 2 of 3 9. Section 6 of the CGA requires goo...

7. IX v J Ltd [2025] NZDT 23 (09 April 2025) [pdf, 97 KB]

   ...(i) Was the vehicle of acceptable quality? (ii) If not what remedy, if any is available to IX? (iii) Can IX claim for his Disputes Tribunal fee? Was the vehicle of acceptable quality? 4. Section 6 of the Consumer Guarantees Act 1993 (CGA), states goods supplied to a consumer must be of acceptable quality. Under section 7 of the CGA, goods are of acceptable quality [amongst other things] if they are as fit for all the purposes for which goods of the type in question are commo...

8. FM v T Ltd [2022] NZDT 21 (28 February 2022) [pdf, 169 KB]

   ...the earbuds properly. 2. FM claims the sum of $470.81 for the cost of having the earbuds repaired. 3. The issues to be determined are as follows: a. Were the earbuds of acceptable quality? b. If not, what remedy is FM entitled to under the CGA Were the earbuds of acceptable quality? 4. The Consumer Guarantees Act 1993 (CGA) implies guarantees into consumer contracts for the protection of consumers. The CGA provides a guarantee that goods are of acceptable quality (s 6). T...

9. OC v NQ [2023] NZDT 767 (20 December 2023) [pdf, 187 KB]

   ...acceptable quality under the Consumer Guarantees Act 13. Having determined on balance that NQ was a motor vehicle trader I then must determine whether the van was of acceptable quality for the purposes of s 6 of the Consumer Guarantees Act 1993 (the CGA). 14. Section 6(1) of the CGA provides that “where goods are supplied to a consumer there is a guarantee that the goods are of acceptable quality”. “Acceptable quality” is defined in s 7 of the CGA (as far as is relevant) as...

10. XG v B Ltd & EH [2024] NZDT 733 (21 September 2024) [pdf, 114 KB]

    ...legally binding contract is formed when both parties intend to contract on agreed terms which they intend to be legally binding. Contracts often have both express terms agreed between parties, and implied terms. The Consumer Guarantees Act 1993 (“CGA”) implies minimum standards (or guarantees) for goods and services into contracts where goods and services are supplied in trade to consumers, and offers remedies where guarantees are breached. Relevant guarantees here are: a. section...