Search Results

1. XX v TD [2024] NZDT 235 (7 February 2024) [pdf, 182 KB]

   ...future consultation with a periodontist to heal gums and teeth that she claims TD damaged (approximately $1500.00), and half of the amount of her orthodontic treatment going forward in the amount of $4,987.50. 4. The Consumer Guarantees Act 1993 (CGA) provides guarantees to protect consumers in relation to the provision of services. Section 28 provides a guarantee that the service will be carried out with reasonable care and skill. Section 29 states that where services are supplied to...

2. NH Ltd v NZ [2024] NZDT 159 (26 March 2024) [pdf, 179 KB]

   ...of GST. The invoice for $30,111.60 was correctly based on this pricing. Was the driveway constructed with reasonable care and skill, and was it fit for the purpose? 5. Where services are supplied to a consumer, the Consumer Guarantees Act 1993 (CGA) applies. CGA s 28 provides that there is a guarantee that the service will be carried out with reasonable care and skill. CGA s 29 of the CGA provides that services must be reasonably fit for any purpose the consumer makes known to the suppl...

3. FL v C Ltd [2023] NZDT 248 (30 June 2023) [pdf, 185 KB]

   ...its detailed submission to the Tribunal and to FL on 22 February 2023. 12. The issues are: Is FL entitled to a refund? Is FL entitled to remedial and replacement costs? Is FL entitled to a refund? 13. The Consumer Guarantees Act 1993 (CGA) applies. The CGA applies to goods and services and this contract includes both. 14. Pursuant to the CGA, goods must be of acceptable quality. If there are defects the consumer must notify the supplier within a reasonable time and g...

4. BG v P Ltd [2024] NZDT 638 (2 September 2024) [pdf, 144 KB]

   ...for purpose? (c) If not, what is the remedy? Did ED provide their services with reasonable care and skill and were the dentures reasonably fit for purpose? 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 and...

5. TU v CH [2024] NZDT 819 (13 November 2024) [pdf, 149 KB]

   ...resolved are: (a) Is CH “in trade”? (b) If so, is the fridge of an “acceptable quality”? (c) If not, is TU entitled to “reject” the fridge? (d) If so, what is the remedy? Is CH “in trade”? 13. The Consumer Guarantees Act 1993 (CGA) provides that “in trade” includes any commercial activity. 14. TU explained that when he visited CH’s farm to return the original fridge, he saw approximately 100 to 150 other fridges in an open building. 15. Further, CH...

6. LE v T Ltd [2024] NZDT 456 (27 June 2024) [pdf, 183 KB]

   ...noted on the Centre’s website. 12. In contrast, LE says that the claim is a contractual dispute under which T Ltd has provided defective services. LE says that she is a consumer acquiring services under the Consumer Guarantees Act 1993 (“the CGA”), and it is immaterial that she did not pay for the services. 13. Having carefully considered the available evidence and information, and having heard from the parties, I find that LE’s claim is not within the Tribunal’s jurisdic...

7. M Ltd v ND [2025] NZDT 277 (10 July 2025) [pdf, 174 KB]

   ...Dealership], states that the company has an expectation that all vehicles they purchase to supply the consumer market are “as described” and “fit for purpose”, meaning they should be of acceptable quality under the Consumer Guarantees Act 1993 (CGA). Their vehicle purchaser, TH, has worked in the motor vehicle industry for 40 years. He buys 15 – 22 cars per month for [H Dealership]. He looks at [Website] listings, then does some online checks on the cars he is interested in, and...

8. HI v D Ltd and FB [2024] NZDT 26 (20 February 2024) [pdf, 233 KB]

   ...consider are: a. Did FB and / or D Ltd breach the Fair Trading Act 1986 (“FTA”) by giving misleading information about additional surcharges at the time of HI’s booking? b. Did FB and / or D Ltd breach the Consumer Guarantees Act 1993 (“CGA”) by failing to provide its customer service with reasonable care and skill? c. Is HI entitled to the Disputes Tribunal filing fee of $90.00? d. Is HI entitled to compensation of $2,500.00? Did FB and/or D Ltd breach the...

9. BO v NC Ltd [2024] NZDT 13 (30 January 2024) [pdf, 219 KB]

   ...car faulty? e. What remedy, if any is available to the applicant? CI0301_CIV_DCDT_Order Page 2 of 6 4. The relevant law is the law of contract, the Contract and Commercial Law Act 2017 (CCLA) and the Consumer Guarantees Act 1993 (CGA). 5. Any applicant to the Tribunal has the task of establishing the legal and factual elements of its claim to the required standard. That standard is the balance of probabilities which means that it is more likely than not. When assessi...

10. AB v CD Ltd [2022] NZDT 87 (23 June 2022) [pdf, 109 KB]

    ...report, as CDL’s full office and administrative resources were not available to him at that time. Was the building report carried out with reasonable care and skill and was it fit for purpose? 11. The Consumer Guarantees Act 1993 (“CGA”) applies to this contract because the service CDL provided is a service ordinarily acquired for personal, domestic or household use as it relates to inspection of a home prior to purchase. I am satisfied AB is a consumer under the CGA. The...