Search Results

1. HB Ltd v K [2021] NZDT 1301 (13 January 2021) [pdf, 212 KB]

   ...the work was done late, compared to the timeframes estimated in the contract, these timeframes were not specified to be off the essence, and the breach was not sufficient to justify a finding of a substantial breach, entitling cancellation under the CGA. Further delays in progressing the project in 2020 came about largely through a failure of the clients to engage, given their disappointment in the work. 8. Nonetheless, as the cancellation was communicated in June 2020, and accepted, t...

2. IM v KL & B Ltd [2024] NZDT 867 (10 December 2024) [pdf, 154 KB]

   ...leak in the bathroom. IM says he offered to replace the rangehood for free and that she paid him $150.00 for materials for the bathroom repair. Law 9. The law of contract, the Consumer Guarantees Act 1993, and the Building Act 2004 apply. The CGA provides for a guarantee in all consumer contracts that services will be provided with reasonable care and skill (s 28 CGA) and that the product resulting from the service will be fit for any purpose made known to the supplier (s 29 CGA). W...

3. MM v B Ltd [2024] NZDT 406 (22 April 2024) [pdf, 195 KB]

   ...reasonable care and skill? (b) If it did carry out its work without reasonable care and skill, what compensation is MM entitled to? Did B Ltd carry out its service without reasonable care and skill? 3. The Consumer Guarantees Act 1993 (CGA) imposes a statutory obligation on businesses that provide services to consumers such as MM, to carry out their services with reasonable care and skill. 4. As the applicant in this dispute, MM bears the burden of proving his claim. He...

4. MK v S Ltd [2023] NZDT 293 (1 August 2023) [pdf, 196 KB]

   ...curtains back and had them repaired for free. This was not an option for his company outside the 48-hour time, he said, as the curtain workshop they dealt with would not then repair them for free. 12. Section 7 Consumer Guarantees Act 1993 (“CGA”) provides that ‘of acceptable quality’ includes being acceptable in appearance and finish and free from any minor defects. Section 7 provides that regard can be had, in determining whether a reasonable consumer would regard goods as...

5. 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...

6. B Ltd v D Ltd [2025] NZDT 267 (18 June 2025) [pdf, 203 KB]

   ...done enough to find QN’s baby mirror; (e) Whether D Ltd is entitled to any compensation and if so, how much. (f) Whether the Tribunal can award the Tribunal filing fee. Did D Ltd provide an incorrect car seat? 8. The Consumer Guarantees Act (CGA) applies. There is a guarantee in the CGA that goods supplied by way of hire must be of acceptable quality. To be of acceptable quality the goods must be fit for purpose and safe. (S’s 2, 6 & 7 CGA). There is also a guarantee that g...

7. 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...

8. 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...

9. 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...

10. 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...