Search Results

1. TU v I Ltd [2023] NZDT 670 (8 December 2023) [pdf, 187 KB]

   ...TU’s property and collapsed the walls, making the hole unsafe and unsuitable for use. Issue: Is I Ltd liable to pay for the costs of a new septic system and its installation? 11. The applicable area of law is the Consumer Guarantees Act 1993 (CGA). Under the CGA, manufacturers and other suppliers guarantee their goods will be of acceptable quality. Acceptable quality means that the goods do what they are made to do, that they are acceptable in appearance and finish, that they ar...

2. TD v U Ltd [2023] NZDT 414 (14 August 2023) [pdf, 192 KB]

   ...repairs were carried out the vehicle broke down again about 2,000kms later. The campervan was taken to [mechanic] where it was repaired. 2. TD believes that U Ltd is liable for the cost of the repairs under the Consumer Guarantees Act 1993 (CGA). She has claimed the cost of towing relating to the [City] breakdown $1,146.75; the F Ltd repair cost of $8,208.00 plus credit card surcharge $164.16; Incidentals and roadside assistance during the [City] repair $350.00; [car dealer] rep...

3. KU v T Ltd [2024] NZDT 876 (15 September 2024) [pdf, 198 KB]

   ...have the vehicle repaired; (d) Whether T Ltd was entitled to an opportunity to inspect and/or to remedy; (e) Whether KU is entitled to compensation and if so, how much. Was the vehicle not of acceptable quality? 7. The Consumer Guarantees Act (CGA) applies to this sale. There is a guarantee in the CGA that goods must be of acceptable quality. To be of acceptable quality goods must be, amongst other CI0301_CIV_DCDT_Order Page 2 of 4 things, free from minor defect. The assessm...

4. GO & NO v P Ltd [2025] NZDT 163 (13 May 2025) [pdf, 199 KB]

   ...obtained NO’s driver’s license details and, pretending to be NO, set up an account in his name. 6. In the previous decision I noted that it was “at least arguable” that P Ltd owed NO a legal duty under the Consumer Guarantees Act 1993 (“CGA”) in terms of the processes that it had in place to reduce the risk of fraudulent accounts. 7. I used this language because it is not straightforward or obvious that the CGA applies. CI0301_CIV_DCDT_Order Page 2 of 4 8....

5. JB v BL [2025] NZDT 226 (11 June 2025) [pdf, 103 KB]

   ...dispute arises from repair work on the engine of JB’s car by BL in May 2023. JB seeks a refund of the repair costs of $4,241.20 from BL, claiming that BL’s work breached the statutory guarantee(s) provided for in the Consumer Guarantees Act 1993 (CGA). BL denies liability. 2. The relevant legal issues in this instance are: i. What was agreed between the parties about the scope of repairs to be carried out by BL? ii. Did BL carry out the agreed service with reasonable care and s...

6. UO & NO v HS Ltd & JI & HM [2021] NZDT 1587 (21 July 2021) [pdf, 270 KB]

   ...work must be completed with reasonable skill and care, and is to be fit for purpose. Further under section 17 of the Act, it provides that all building work must comply with the Building Code. 10. I find that the Consumer Guarantees Act 1993 (CGA), is also relevant and applies in this claim. Under section 2 of the CGA, the definition of “supplier” clarifies that the Act will apply to persons who supply services to consumers even if they do not have a direct contractual relationship...

7. BE v D Ltd & DO Ltd [2024] NZDT 230 (25 March 2024) [pdf, 212 KB]

   ...arrangements were made for DO Ltd to install fibre into a home owned by BE at [address]. BE says DO Ltd breached the terms of his contract; breached the Contract and Commercial Law Act 2017 (“CCLA”); breached the Consumer Guarantees Act 1993 (“CGA”) by failing to provide services with reasonable care and skill; and breached the Fair Trading Act 1986 (“FTA”) by engaging in misleading and deceptive conduct through unfair trading practices. 3. The claim form records BE’s cla...

8. ED v Q Ltd [2023] NZDT 412 (24 August 2023) [pdf, 182 KB]

   ...intend for those terms to be legally binding. The terms of a contract are formed at the beginning, not at the end, and what was agreed is looked at objectively, i.e., by looking at what was said and done. 6. The Consumer Guarantees Act 1993 (“CGA”) also has terms relevant to this contract. The CGA implies into contracts a set of minimum standards (guarantees) for goods and services supplied in trade to consumers. Section 6 CGA says goods, such as the fishing rod, must be of an acce...

9. KQ & QQ v R Ltd [2025] NZDT 183 (6 June 2025) [pdf, 94 KB]

   ...the showroom? (ii) If not, what remedy if any, is available to the applicants? Did the dining table and chairs purchased by the applicants match the sample they saw in the showroom? 3. Section 9 of the Consumer Guarantees Act 1993 (CGA) states that where goods are supplied by a description to a consumer, there is a guarantee that the goods correspond with the description and s10 of the CGA states where goods are supplied to a consumer by reference to a sample or demonstrat...

10. QS v DD Ltd [2022] NZDT 27 (20 April 2022) [pdf, 128 KB]

    ...carried out after the February hearing of this matter during an adjournment period. 6. QS seeks to reject the vehicle, cancel the contract and obtain a refund for amounts paid to date, as per the provisions of the Consumer Guarantees Act 1993 (‘CGA’). She also seeks a refund for breakdown insurance payments made under the contract and alternative transport costs for the period she was without a car. 7. The issues to be determined are: • Was the vehicle of acceptable quality...