Search Results

1. E Ltd v M Ltd [2020] NZDT 1658 (11 November 2020) [pdf, 161 KB]

   ...of “acceptable quality”? CI0301_CIV_DCDT_Order Page 2 of 5 c. If the goods were not of acceptable quality, is E Ltd entitled to reject the goods? d. What consequential losses are proven? Does the Consumer Guarantees Act 1993 (“CGA”) apply? 9. Mr T (who represented E Ltd Ltd at the hearing) argued that the CGA applies, and the seedlings supplied were not of acceptable quality. 10. Mr Q and Mr X (representing M Ltd) submitted that the CGA does not apply. 11....

2. DQ v IC [2023] NZDT 710 (17 December 2023) [pdf, 207 KB]

   ...puppy] of acceptable quality? 8. Contract law recognises that contracts have terms expressly agreed between the parties and may also have terms which can be implied by law. An example of this type of law is the Consumer Guarantees Act 1993 (“CGA”). The CGA implies into contracts a set of minimum standards (guarantees) for goods and services supplied in trade to consumers. Section 6 CGA says goods, which includes an animal, must be of an acceptable quality. Further explanations...

3. XD v U Ltd [2025] NZDT 46 (5 March 2025) [pdf, 203 KB]

   ...been fulfilled, the Tribunal also notes that contracts can have both express terms, i.e., those agreed between the parties, and also implied terms, i.e., those implied for example by law or by customary usage. The Consumer Guarantees Act 1993 (“CGA”) provides examples of implied terms, including section 5A CGA which says a consumer is entitled to expect that goods will be supplied within an agreed period. 6. I find U Ltd is in breach of the contract by failing to supply goods...

4. DK v VP Ltd & VPV [2016] NZDT 944 (6 April 2016) [pdf, 86 KB]

   ...attend the hearing either, having attended the original hearing, prior to the rehearing being granted. This order is made in the absence of both these parties. Issues [4] Is DK a consumer for the purposes of the Consumer Guarantees Act 1993 (CGA)? [5] Do VP Limited's terms and conditions exclude their liability for this type of damage? [6] Has VP Limited provided parking services to DK with reasonable care and skill? [7] If not, what remedies are available and were the conseq...

5. BS v TE & TL [2025] NZDT 273 (2 June 2025) [pdf, 117 KB]

   ...a display for sale operator (S.9 MVSA). However, even if the service provided by TE is not covered by the MVSA, that does not mean he is not in trade. It simply means he is not in a trade covered by the MVSA. (c) The Consumer Guarantees Act (CGA) defines “trade” as any trade, business, industry, profession, occupation, activity of commerce, or undertaking relating to the supply or acquisition of goods or services. “Business” means any undertaking whether carried on for gain...

6. MN Ltd v QN & EN [2021] NZDT 1440 (27 April 2021) [pdf, 256 KB]

   ...raised was whether the contract was subject to the consumer remedies for residential building work (Part 4A) under the Building Act 2004. Section 362C of that Act provides that nothing in that part derogates from the Consumer Guarantees Act 1993 (CGA). Therefore, if the claim and counterclaim are addressed under the CGA, there is no need to determine the extent to which the consumer remedies for residential building work apply. 6. It is also noted that at the hearing there was discuss...

7. ND v LB Ltd [2023] NZDT 458 (15 August 2023) [pdf, 188 KB]

   ...also found that the shade cloth was not of acceptable quality and LB Ltd said that it would remediate the shade cloth at its own expense when it received payment. ND was entitled to this remediation under section 18 of Consumer Guarantees Act 1993 (CGA). 3. ND did not make payment by 14 March 2022, and rather than have the order enforced through the Collections Unit of the District Court LB Ltd employed a private debt collection firm to chase the debt. By late October 2022 ND had pai...

8. ON v M Ltd [2025] NZDT 138 (3 March 2025) [pdf, 190 KB]

   ...acceptable quality? b) Was the couch or couch material reasonably fit for purpose? c) If not, is ON entitled to claim a refund of $2,455.25? Was the couch or couch material of reasonably acceptable quality? 4. 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 persona...

9. RL Ltd v ZL [2019] NZDT 1520 (5 September 2019) [pdf, 160 KB]

   ...$1,750.00 from ZL. 3. The issues to be determined are: a) Did the benchtop correspond with its description? b) What sum, if any, must ZL pay to RL? Did the benchtop correspond with its description? 4. Under s 9 of the Consumer Guarantees Act 1993 (CGA), where goods are supplied by description to a consumer, there is a guarantee that the goods correspond with the description. ZL said that he asked for a top-mounted basin and for the tap to be on the benchtop. Although RL argued toda...

10. FB v TY & TYY [2015] NZDT 1049 (10 December 2015) [pdf, 159 KB]

    ...person knowing this would have sought TYY’s confirmation rather than relying on TY’s assurance that it had obtained cover. [3] FB now claims $1,479.60 against both TY and TYY by way of damages for breach of the Consumer Guarantees Act 1993 (CGA). This sum represents the cost of the ABS replacement less the premium refund and the $250.00 policy excess, plus his $45.00 filing fee. Issues (a) Does this dispute cover issues already determined by the Motor Vehicle Disputes Trib...