Search Results

1. NR v HT [2019] NZDT 1335 (6 November 2019) [pdf, 222 KB]

   ...acceptable quality and fit for purpose? 7. However, as the Xs decided to sell their boat through an agent who is acting “in trade”, the sale of the boat became subject to the statutory warranties set out in the Consumer Guarantees Act 1993 (the CGA): Walters & Ors v Taylor Marine Limited & Ors (HC, AK CIV-2006-404-2772). 8. As a result, the boat was required to be of acceptable quality and fit for purpose as those terms are defined in ss6–8 of the CGA. Clause 5 of...

2. KD v Q Ltd [2023] NZDT 617 (3 November 2023) [pdf, 92 KB]

   ...made-up of $184 for the hard drive and $45 for the Disputes Tribunal fee. The issue to be resolved is whether Q Ltd is required to remedy the failure of the hard drive after the five-year warranty had expired? 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. 6. I find that Q Ltd is not required to remedy the failure of the hard drive because alt...

3. MG and WJ New Zealand Ltd v DI Ltd [2021] NZDT 1358 (15 January 2021) [pdf, 224 KB]

   ...pump provided by DIL of acceptable quality, and if not, is there a remedy available to MG? Did DIL provide its installation service with respect to the external unit with reasonable care and skill? 7. The Consumer Guarantees Act 1993 (‘CGA’) provides statutory guarantees to consumers, the relevant guarantee in this case being that a supplier will carry out its services with reasonable care and skill (section 28, CGA). 8. WJ engaged two companies to provide services with r...

4. EC v U Ltd [2023] NZDT 186 (13 June 2023) [pdf, 101 KB]

   ...their services to EC with reasonable care and skill? 4. I am unable to make a finding that U Ltd failed to provide their services to EC with reasonable care and skill. For this reason, the claim is dismissed. 5. The Consumer Guarantees Act 1993 (CGA) provides that where services are provided to a consumer there is a guarantee that the services will be provided with reasonable care and skill. If services are not provided with reasonable care and skill the consumer may be entitled to a...

5. DS v HW [2023] NZDT 550 (6 October 2023) [pdf, 190 KB]

   ...heard in the District Court and is outside of the jurisdiction of the Disputes Tribunal (s 17). Accordingly, the claim is struck out Was the service provided by HW carried out with reasonable care and skill? 6. The Consumer Guarantees Act 1993 (CGA) applies if a person is a ‘consumer’ and the person from whom services are obtained, is a supplier. A consumer is defined in s 2 as a person who “acquires from a supplier goods or services of a kind ordinarily acquired for person...

6. CV v IT [2023] NZDT 185 (31 July 2023) [pdf, 225 KB]

   ...travel costs, but no more. 6. CV’s claim seeks payment of the invoice in full. 7. The hearing took place by phone on 25 July 2023. FS represented IT at the hearing. Findings 8. The relevant law is the Consumer Guarantees Act 1993 (“CGA”). 9. Section 28 CGA states that where services are provided to a consumer there is a guarantee that the service provider must exercise reasonable care and skill. 10. FS and IT provided comprehensive evidence of numerous errors /...

7. BC v ST Ltd [2024] NZDT 381 (2 May 2024) [pdf, 194 KB]

   ...was the product of the service fit for purpose? • What remedy is available to BC? Did ST Ltd provide its service with reasonable care and skill and was the product of the service fit for purpose? 5. The Consumer Guarantees Act 1993 (‘CGA’) provides statutory guarantees to consumers, the relevant guarantees in this case being that a supplier will carry out its services with reasonable care and skill and that the product resulting from a service will be fit for purpose (sec...

8. TL v G Ltd [2024] NZDT 643 (21 November 2024) [pdf, 213 KB]

   ...contents of the courier parcel while in transit, rather the claim is that damage was done to TL’s ‘property’ because of how the delivery service was carried out. CI0301_CIV_DCDT_Order Page 2 of 4 8. The Consumer Guarantees Act 1993 (‘CGA’) therefore applies – TL is a consumer for the purposes of the Act and G Ltd was the supplier of a delivery service to TL – there does not have to be a contract between the parties for the CGA to apply. 9. The CGA provides statutor...

9. CX v I Ltd [2025] NZDT 150 (20 May 2025) [pdf, 174 KB]

   ...failure was caused by a broken clutch and faulty limit switch. CX’s claim is that I Ltd did not have the necessary replacement parts that were needed to repair the mechanism, and seeks compensation under the Consumer Guarantees Act 1993 (“the CGA”). [2] CX said that he went to I Ltd’s premises on 27 January 2024 to seek replacement parts, taking the faulty components, which had been removed from the openers, with him. He said that he was told by a salesperson there that he, the...

10. D Ltd v US [2025] NZDT 127 (19 March 2025) [pdf, 184 KB]

    ...they may have entered into, including as to the price payable for the provision of services. 10. US says that he should only have to pay a fair price for the work which he says is a total of $10,000.00. 11. The Consumer Guarantees Act 1993 (CGA) applies to the provision of services by D Ltd in this case and provides in section 31 that where services are supplied to a consumer there is a guarantee that the consumer is not liable to pay more than a reasonable price for the services....