Search Results

1. 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...

2. 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...

3. CK v HC & KD [2024] NZDT 537 (11 June 2024) [pdf, 169 KB]

   ...law a domestic good, and that means that if he was purchased from a person (supplier) who was in trade, then the purchase is covered by the Consumer Guarantees Act 1993. The Act provides that OP must be of an acceptable quality (sections 6 and 7 CGA). Was KD in trade? 7. HC and CK confirm that this was KD’ dog’s CS’s first litter, and OP and his litter mates were the first litter sold by KD. They do not believe that KD has sold any other puppies apart from the six sold from...

4. UD v NB Ltd & JB Ltd [2023] NZDT 792 (11 December 2023) [pdf, 115 KB]

   ...contract and get a refund of some or all of the cost paid? d. Who is liable for any remedy? Was the work carried out with reasonable care and skill? 8. Where services are supplied to a consumer, s 28 of the Consumer Guarantees Act 1993 (“CGA”) states that there is a guarantee that the service will be carried out with reasonable care and skill. UD took his vehicle to BT, so there was not a direct contractual relationship between UD and JB Ltd. However, s 2 of the CGA states t...

5. KT & LT v X Ltd [2025] NZDT 266 (8 July 2025) [pdf, 196 KB]

   ...the low tree overhanging the driveway and would have parked at the top of the driveway and used a trolley to deliver the groceries in order to ensure that did not happen. 4. The law that applies in this case is the Consumer Guarantees Act 1993 (CGA). KT and LT bought groceries and a delivery service from X Ltd. In relation to the delivery service the CGA implies a guarantee that the service will be carried out with reasonable care and skill. X Ltd contracts out the delivery service but...

6. IN Ltd v JT [2020] NZDT 1417 (12 August 2020) [pdf, 215 KB]

   ...collector and she was aware debt collection costs were mounting but did not know the exact amount. 4. The issues to determine are: • Did IN Ltd provide its service to JT with reasonable care and skill as per the Consumer Guarantees Act 1993 ('CGA')? • What remedy, if any, is available to JT? • On the counter-claim, is JT liable to pay debt collection costs incurred by IN Ltd? Did IN Ltd provide its service to JT with reasonable care and skill as per the Cons...

7. DC v T Ltd [2023] NZDT 642 (13 November 2023) [pdf, 104 KB]

   ...he paid for the replacement battery. 7. The hearing took place by phone on 2 November 2023. Both parties participated in the hearing. Mr O represented T Ltd. Findings 8. The claim is brought under the Consumer Guarantees Act 1993 (“CGA”). 9. The CGA allows consumers to bring a claim directly against a ‘manufacturer’. 10. The definition of manufacturer in the CGA includes, where a manufacturer is based overseas, the New Zealand importer / distributor. CI...

8. KJ v OU Ltd [2022] NZDT 216 (16 November 2022) [pdf, 115 KB]

   ...resolved are: (a) Was the towbar fitted with reasonable care and skill? (b) If not, what is the remedy? Was the towbar fitted with reasonable care and skill? 3. The law relevant to this claim is as follows: The Consumer Guarantees Act 1993 (CGA) provides guarantees to consumers who obtain services from a tradesperson. Section 28 of the CGA provides that where services are supplied to a consumer there is a guarantee that the service will be carried out with reasonable care...

9. EX v TY [2022] NZDT 273 (16 December 2022) [pdf, 113 KB]

   ...out with reasonable care and skill? b) If not, is EX entitled to claim $3,925.10? CI0301_CIV_DCDT_Order Page 2 of 4 Was the service provided by TY carried out with reasonable care and skill? 3. The Consumer Guarantees Act 1993 (CGA) applies if a person is a ‘consumer’ and the person from whom services are obtained, is a supplier. A consumer is defined in s 2 as a person who “acquires from a supplier goods or services of a kind ordinarily acquired for personal, do...

10. IQ & OU v EQ [2022] NZDT 278 (19 December 2022) [pdf, 183 KB]

    ...provided by EQ on time or within a reasonable timeframe? b) If not, are IQ and OU entitled to claim a refund of their $2,000.00 deposit? Was the service provided by EQ on time or within a reasonable timeframe? 4. The Consumer Guarantees Act 1993 (CGA) applies if a person is a ‘consumer’ and the person from whom services are obtained, is a supplier. A consumer is defined in s 2 as a person who “acquires from a supplier goods or services of a kind ordinarily acquired for persona...