Search Results

1. ZC v N Ltd [2023] NZDT 573 (28 November 2023) [pdf, 200 KB]

   ...camping ground expenses while repairs were affected making a total claim of $7613.54 allowing for $900 having been paid by N Ltd. 3. ZC now claims for repayment of those expenses pursuant to his rights under the Consumer Guarantees Act 1993, the CGA. N Ltd responds that it is not liable under the CGA as ZC was not a consumer in respect of the purchase and that no warranties apply to the sale other than those in the agreement to sell. 4. The issues to be decided then are whether Z...

2. ND v KQ [2024] NZDT 631 (24 September 2024) [pdf, 187 KB]

   ...are formed within a mold. KQ says she has offered to exchange the candles, but this is not what ND wants. 4. The Issues to be resolved are: a. Were the candles of acceptable quality? b. If not, has KQ complied with her obligations under the CGA? c. Is ND entitled to compensation of $127.00 as claimed, or to any other sum? Were the candles of acceptable quality? 5. Contract law recognises contracts have terms which are expressly agreed between parties and can also have term...

3. SH v CO & D Ltd & C Ltd & N Ltd [2021] NZDT 1615 (9 August 2021) [pdf, 237 KB]

   ...applied to increase the external painting claim to $28,750.00 and to abandon the amount of the claim exceeding $30,000.00. 3. The issues to be determined are: a. What were the terms of the contract? b. Does the Consumer Guarantees Act 1993 (CGA) apply to the build? CI0301_CIV_DCDT_Order Page 2 of 7 c. Was the sewer pump fit for purpose? d. Was reasonable care and skill exercised in providing the painting service and was the outcome fit for purpose? e. Was there a failure...

4. BI v X Ltd [2025] NZDT 44 (4 February 2025) [pdf, 212 KB]

   ...is made up of the purchase price of the rooftop tent, the original shipping to BI and the cost of BI returning the item to X Ltd. 8. The issues to be considered by the Tribunal are: a. Did X Ltd breach the Consumer Guarantees Act 1993 (“CGA”) by supplying a product that was not of acceptable quality? b. If yes, was the breach one of a substantial character or did X Ltd fail to remedy the breach within a reasonable time? CI0301_CIV_DCDT_Order Page 2 of 5 c. Is BI e...

5. IW v K Ltd [2024] NZDT 609 (8 August 2024) [pdf, 176 KB]

   ...assessment. Following the assessment, CU advised that the device had suffered from liquid ingress, which was not covered by the warranty. 7. IW responded by referring to the implied guarantees under the Consumer Guarantees Act 1993. CU claimed the CGA was excluded because the device had been misused. It referred to the [manufacturer] website, which says the water resistant feature is not permanent. Law 8. The law of contract and the CGA apply. The CGA provides for a guarante...

6. FF v TU and TUU [2016] NZDT 1035 (21 September 2016) [pdf, 145 KB]

   ...for personal, domestic, or household use or consumption, and FF’s purchase of the vehicle for use transporting dance costumes does not fall within the specified exclusions from the definition of “consumer”, the Consumer Guarantees Act 1993 (CGA) applies. 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 be...

7. ABY v ZYF [2013] NZDT 125 (17 September 2013) [pdf, 47 KB]

   ...computer. The Respondent is willing to repair the computer at no cost but does not accept that it must cancel the contract and return the purchase price. Law [3] The relevant law is the law of contract and the Consumers Guarantees Act 1993 (CGA). [4] A contract is a legally binding promise or agreement; an act in law where two or more persons declare their consent as to any act or thing to be done or forborne by one side for the benefit of the other side. [5] The...

8. ABY v ZYF [2013] NZDT 125 (17 September 2013) [pdf, 58 KB]

   ...vehicle or the terms of sale and that these repairs are really general maintenance that is to be expected in the normal course of vehicle ownership. Law [4] The relevant law is the law of contract and the Consumers Guarantees Act 1993 (CGA). [5] A contract is a legally binding promise or agreement; an act in law where two or more persons declare their consent as to any act or thing to be done or forborne by one side for the benefit of the other side. A promise or agre...

9. OX v B Ltd [2023] NZHC 292 (28 July 2023) [pdf, 240 KB]

   ...battery level of the right bud always jumped from 0% to 55% after being charged. The issue did not affect the left earbud, which functions as normal. 3. OX claims that the buds should still be covered under the Consumer Guarantees Act 1993 (CGA) and that she is entitled to a refund of the purchase price. B Ltd content that OX’s buds have lasted a reasonable period and are no longer covered by the CGA. 4. Issues: Have OX’s earbuds lasted a reasonable period? If not...

10. E Ltd v M Ltd [2020] NZDT 1658 (11 November 2020) [pdf, 161 KB]

    ...of “acceptable quality”? CI0301_CIV_DCDT_Order Page 2 of 5 c. If the goods were not of acceptable quality, is E Ltd entitled to reject the goods? d. What consequential losses are proven? Does the Consumer Guarantees Act 1993 (“CGA”) apply? 9. Mr T (who represented E Ltd Ltd at the hearing) argued that the CGA applies, and the seedlings supplied were not of acceptable quality. 10. Mr Q and Mr X (representing M Ltd) submitted that the CGA does not apply. 11....