Search Results

1. DJ & QW v E Ltd [2024] NZDT 772 (5 December 2024) [pdf, 218 KB]

   ...that there has been a breach of the FTA by E Ltd. Has there been a breach of the Consumer Guarantees Act 1993 by E Ltd? 21. There is not enough evidence to support a finding that there has been a breach of the Consumer Guarantees Act 1993 (CGA) by E Ltd. 22. The CGA provides for certain guarantees to apply in relation to the supply of goods and services in trade. In relation to goods there are guarantees that goods will be of acceptable quality and where goods are sold by descri...

2. MD v BL [2019] NZDT 1376 (1 July 2019) [pdf, 193 KB]

   ...paid the sum ordered to avoid enforcement and filed a rehearing application. He also filed a counterclaim seeking the sum of $1,170.00 that remains unpaid from the work he completed. 4. The issues to be resolved are: (a) Was BL in breach of the CGA for the time taken to attend to the work? (b) If so, was that breach substantial? (c) Was there any defect in the work done? (d) In light of these findings, does MD need to repay any of the original sum ordered? Was BL in breach of the...

3. EC v NI [2023] NZDT 734 (14 December 2023) [pdf, 189 KB]

   ...a. Was the job carried out with reasonable care and skill and was it fit for purpose? b. If not, is any payment due? Was the job carried out with reasonable care and skill and was it fit for purpose? 5. The Consumer Guarantees Act 1993 (CGA) implies into all consumer contracts a set of minimum standards (guarantees) for goods and services when they are supplied in trade to consumers. The relevant sections regarding guarantees are in s 28 -that a supplier will carry out its serv...

4. XD v Q Ltd [2024] NZDT 100 (22 February 2024) [pdf, 197 KB]

   ...resolved are: a. Was the spa of acceptable quality? and b. If not, what remedy is appropriate? Was the spa of acceptable quality? 7. I find that XD’s [redacted] spa was not of acceptable quality. 8. The Consumer Guarantees Act 1993 (CGA) provides that the supply of consumer goods in Aotearoa New Zealand comes with a guarantee that the goods will be of acceptable quality. The definition of acceptable quality includes that the goods will be as durable as a reasonable person wo...

5. DT v T Ltd [2023] NZDT 225 (12 May 2023) [pdf, 169 KB]

   ...the code that drainlayers must comply with (NZS3500, Part 2) and that 100mm pipes should be used. Did the respondent provide its services with reasonable care and skill and were they fit for purpose? 7. The Consumer Guarantees Act 1993 (CGA) provides guarantees to consumers who obtain services from a person who is in the business of providing that service. Clauses 28 and 29 of the CGA state that where services are provided to consumers there is a guarantee that they will be ca...

6. NF Ltd v CM [2023] NZDT 379 (19 July 2023) [pdf, 204 KB]

   ...deliver the firewood. 19. CM has not done what he promised to do, which was pay for the firewood. Was the wood supplied of acceptable quality and if not, what remedy does CM have? 20. Section 6 of the Consumer Guarantees Act 1993 (“CGA”) means that where goods are supplied to a consumer by a supplier those goods must be of acceptable quality. 21. Section 7 of the CGA sets outs what is meant by “acceptable quality”. Goods must be fit for all the purposes for which go...

7. LL v U Ltd [2024] NZDT 306 (24 April 2024) [pdf, 201 KB]

   ...Guarantees Act 1993? 16. U Ltd provides a platform for buyers and sellers to enter into private contracts. Because U Ltd provides a service for consumers, in some circumstances the statutory guarantees provided for in the Consumer Guarantees Act 1993 (CGA) may apply to the services provided by U Ltd. 17. For these reasons, I am satisfied that the Disputes Tribunal can hear a claim by LL against U Ltd in relation to the provision of its services provided by U Ltd to its consumers....

8. SK v UW [2024] NZDT 607 (13 September 2024) [pdf, 205 KB]

   ...NQB included a term that riding lessons are non-refundable and that term is binding on SK. Did UW fail to carry out the services she provided to SK and her children with reasonable care and skill? 13. The Consumer Guarantees Act 1993 (“the CGA”) applies to the riding lessons provided by UW to SK and her children. When a supplier supplies services to a consumer, the CGA implies various guarantees, including a guarantee that the services will be carried out with reasonable care...

9. KX v T Ltd [2023] NZDT 749 (8 December 2023) [pdf, 195 KB]

   ...hockey stick; $199. Issues 5. to resolve this application, I must consider; a. hat guarantees apply to sporting equipment such as the hockey stick? b. Was the stick fit for purpose? Guarantees 6. The Consumer Guarantee Act 1993 (CGA) implies guarantees into consumer contracts that goods are reasonably fit for purpose. Section 8(1)(b) requires that goods are reasonably fit for any purpose a consumer makes known expressly or by implication to the supplier. If goods fail...

10. PR v Z Ltd [2023] NZDT 353 (29 May 2023) [pdf, 178 KB]

    ...a. It is not disputed that PR withdrew from the course outside of the contractual period that would have allowed a refund. However, I consider a refund may still be available if a breach of the law occurs including the Consumer Guarantees Act 1993 (CGA) which is the law PR has referred to in this claim. b. I have been satisfied based on PR’s evidence of his learning for his time on the course there was a considerable degree of overlap with what he had learned at Z Ltd previously in...