Search Results

1. NT v GF Ltd [2023] NZDT 92 (13 March 2023).pdf [pdf, 215 KB]

   ...about a transit visa. 8. The issues the Tribunal has to consider are: a. Did GF Ltd misrepresent the transit visa requirements to NT? b. Did that induce NT to buy the ticket? c. Did GF Ltd breach the Consumer Guarantees Act 1993 (“CGA”) by not providing its service with reasonable care and skill? d. Is NT entitled to $3,611.00 or any other amount in compensation? Did GF Ltd misrepresent the transit visa requirements to NT? CI0301_CIV_DCDT_Order Page 2...

2. BM v OZ Ors [2024] NZDT 109 (5 February 2024) [pdf, 215 KB]

   ...trade make a false or misleading representation that the Unit had a 6 year warranty or otherwise engage in misleading and deceptive conduct, or supply a Unit that was not of an acceptable quality? 6. 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 are of an acceptable quality, and where goods fail to comply with this guarantee, a consumer has a right of redress against the supplier and manufac...

3. CI v MT [2023] NZDT 514 (25 October 2023) [pdf, 211 KB]

   ...breakdown of the invoice. MT paid the full amount of the invoice, $7,583.10 on 25 January 2022. CI0301_CIV_DCDT_Order Page 2 of 5 5. The services provided by J Design are guaranteed by provisions of the Consumer Guarantees Act 1993 (CGA). That is because MT has acquired from J Design, services of a kind ordinarily acquired for personal, domestic, or household use or consumption. Section 31 CGA provides a guarantee that a consumer is not liable to pay a supplier more than...

4. TQ v UM & Ors [2023] NZDT 369 (2 August 2023) [pdf, 116 KB]

   ...“pass down”. Page 3 of 5 Can TQ or HT make a claim against N Ltd under the Consumer Guarantees Act 1993 or negligence? 18. Where services are supplied to a consumer by a supplier, 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. As HT obtained services directly from N Ltd, he can make a claim against N Ltd under the CGA. 19. However, I consider the case is d...

5. EE v D Ltd & G Ltd [2024] NZDT 862 (9 December 2024) [pdf, 221 KB]

   ...Tribunal has approved as her representative. Was the vehicle of acceptable quality when sold? 4. I address the claims made against G Ltd and D Ltd separately. The claim against G Ltd 5. The relevant law is the Consumer Guarantees Act 1993 (CGA). CI0301_CIV_DCDT_Order Page 2 of 5 a. Section 6 of the CGA provides that where goods are supplied to a consumer there is a guarantee that they are of acceptable quality. b. Section 7 provides that goods are of ‘accept...

6. OP v U Ltd & B Ltd [2024] NZDT 823 (15 October 2024) [pdf, 134 KB]

   ...considered it had the ability to sell OP’s property for non-payment. I do not consider that B Ltd has been able to establish on the balance of probabilities that there was a term in the contract to this effect. 9. The Consumer Guarantees Act 1993 (CGA) applied to the arrangement between the parties. This means that there was a guarantee implied into the arrangement that B Ltd would provide its services with reasonable care and skill, and that the services would be fit for purpose....

7. AEP v ZVG Ltd [2013] NZDT 337 (28 August 2013) [pdf, 35 KB]

   ...the Consumer Guarantees Act, and (ii) Whether ZVG Ltd is liable for losses under the Carriage of Goods Act. Decision Is ZVG Ltd liable for losses under the Consumer Guarantees Act? [5] AEP claims the Consumer Guarantees Act 1993 (“CGA”) applies to this claim, based upon information she obtained from a consumer website which states the CGA applies to the service carriage companies provide. However, s 5 of the Carriage of Goods Act 1979 (“COGA”) states the COGA app...

8. AEM v ZVK [2012] NZDT 316 (1 June 2012) [pdf, 80 KB]

   ...the Applicant is entitled to payment in full for the system supplied by it or that a credit should be allowed for the counterclaim of the Respondent. Law [3] The relevant law is the law of contract and the Consumer Guarantees Act 1993 (“CGA”). This is because the Respondent purchased the goods as a consumer in terms of the CGA from the Applicant as a dealer in trade. [4] In terms of s 6 of the CGA, the Applicant (supplier) guarantees that goods supplied are of accepta...

9. BH v YH Ltd [2015] NZDT 757 (24 April 2015) [pdf, 72 KB]

   ...guarantees in the Consumer Guarantees Act, in addition to a repair, a consumer may obtain damages for any loss or damage to the consumer resulting from the failure which was reasonably foreseeable as liable to result from the failure (s.18 (4) CGA). [11] The bike has failed to meet the guarantee of acceptable quality as it was not durable. [12] In addition to the repair, BH is entitled to claim reasonably foreseeable losses or damage. [13] The freight cost is a cost...

10. ND v BT [2022] NZDT 35 (12 January 2022) [pdf, 93 KB]

    ...3. The Tribunal is required to apply an evidential standard. The burden is on the applicant to prove their claim on the balance of probabilities. Was the laptop of reasonable quality and was it fit for purpose? 4. The Consumer Guarantees Act (CGA) applies because the goods are of a kind ordinarily acquired for personal, domestic or household use or consumption. Section 6 of the CGA says that there is a guarantee that goods supplied in trade will be of acceptable quality. Section 7 o...