Search Results

1. NN v EE [2024] NZDT 736 (14 October 2024) [pdf, 177 KB]

   ...the contract? c) What sum, if any, must the supplier pay to the consumers? Was the accommodation reasonably fit for purpose? 4. Accommodation in a holiday house is a service ordinarily supplied to consumers, so the Consumer Guarantees Act 1993 (CGA) applies. CGA s 29 provides that services must be reasonably fit for any purpose the consumer makes known to the supplier before the contract is formed, unless the circumstances show that the consumer does not rely on the supplier's ski...

2. US v B Ltd [2024] NZDT 776 (16 October 2024) [pdf, 131 KB]

   ...the spa fit for the purpose and durable? b) If not, is the failure a failure of substantial character that would entitle US to claim compensation of $10,463.00? Is the spa fit for the purpose and durable? 4. The Consumer Guarantees Act 1993 (CGA) provides implied guarantees for consumers that goods purchased must be of acceptable quality1. A spa pool is of acceptable quality if it is fit for the purpose, acceptable in appearance and finish, free from minor defects, safe and durable...

3. EW v Q Ltd [2024] NZDT 887 (19 December 2024) [pdf, 100 KB]

   ...different supplier. 5. The issues I have to consider are: a. Was the motherboard of acceptable quality? b. If not, what remedy is appropriate? Was the motherboard of acceptable quality? 6. Section 6 of the Consumer Guarantees Act 1993 (“CGA”) requires that goods supplied to a consumer are of an acceptable quality. Section 7 of the CGA outlines what amounts to acceptable quality, including that the goods are fit for the purpose for which they are commonly supplied; free...

4. NT & BT v HM [2024] NZDT 694 (20 September 2024) [pdf, 195 KB]

   ...$3000.00 costs). 3. The issues to be determined are: • Was the contract unenforceable because BT was a minor when she signed? • Does the Consumer Guarantees Act 1993 apply to the sale? • Was [the horse] of ‘acceptable quality’ as per the CGA? • What remedy, if any, is available to NT and BT? Was the contract unenforceable because BT was a minor when she signed? 4. NT was originally the sole applicant to the claim and the claim form states “We purchased a horse...

5. ID v M Ltd [2025] NZDT 247 (10 June 2025) [pdf, 181 KB]

   ...consequential losses? Did the supplier carry out the services with reasonable care and skill? 5. Since immigration advisory services are ordinarily acquired for personal, domestic, or household use or consumption, the Consumer Guarantees Act 1993 (CGA) applies. 6. Section 28 of the Consumer Guarantees Act 1993 (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 skill. In the absence of evidenc...

6. F Ltd v WX [2025] NZDT 161 (19 May 2025) [pdf, 200 KB]

7. WG v HK [2024] NZDT 216 (11 March 2024) [pdf, 140 KB]

   ...obliged to give WG an opportunity to repair them; and - depending on what is established regarding those issues, what remedy or remedies should follow. The law [13] The parties’ contract is covered by the Consumer Guarantees Act 1993 (“the CGA”). The CGA provides guarantees in supplies of goods and services by traders to consumers. In this case, there is no complaint about the materials that were provided; HK’s contention is that WG’s workmanship did not comply with the CGA...

8. TH v D Ltd [2025] NZDT 230 (7 July 2025) [pdf, 209 KB]

   ...Was the service carried out with reasonable care and skill//Was the service reasonably fit for purpose? CI0301_CIV_DCDT_Order Page 2 of 5 7. Where services are supplied to a consumer, ss 28 and 29 of the Consumer Guarantees Act 1993 (CGA) states that (as it relates to this matter) there is a guarantee that the service will be: a. carried out with reasonable care and skill: and b. be reasonably fit for any particular purpose that the consumer makes known to the supplier,...

9. AAQ Ltd v ZZJ, ZZK and ZZL [2013] NZDT 13 (16 April 2010) [pdf, 84 KB]

   ...are defined in ss 6–8 of the Act. If the diesel was contaminated beyond acceptable industry limits, then it would not meet these standards. If this was established, then AAQ Ltd could obtain from both ZZL Ltd as the supplier (s 18(4) of the CGA) or ZZJ Ltd as the manufacturer (s27(1)(b)) compensation for any loss or damage resulting from the failure which was reasonably foreseeable as liable to result from the failure. [5] However, AAQ Ltd would have no right of redress again...

10. EN v HM [2023] NZDT 581 (22 November 2023) [pdf, 192 KB]

    ...covered by the Consumer Guarantees Act 1993. This means that the rifle must be of an acceptable quality. Acceptable quality means fit for all the purposes acceptable in appearance and finish; and free from minor defects, safe; and durable. (see s7 CGA). 5. If goods are not of an acceptable quality, and the defect is of a substantial character, then the consumer is entitled to choose a refund or replacement (s22 CGA). 6. A defect is of a substantial character if the goods depart...