Search Results

1. SO v C Ltd [2024] NZDT 450 (20 May 2024) [pdf, 174 KB]

   ...consumer had CI0301_CIV_DCDT_Order Page 2 of 3 asked to swap the faulty goods for a sound bar worth $999.00, which was sent. The supplier also claimed that the consumer failed to return the faulty goods. 6. The Consumer Guarantees Act 1993 (CGA) s 43(7) allows a consumer to agree to settle or compromise a claim. The consumer did not dispute the supplier’s evidence regarding the sound bar, so I conclude that the parties entered into a binding settlement agreement regarding the fau...

2. UO Ltd v BE [2021] NZDT 1511 (22 February 2021) [pdf, 184 KB]

   ...She also pointed out that UO Ltd failed to inform them of the time needed for rehearsal, prompt them for a song list, or send them a copy of the songs selected when the band started rehearsing. 8. 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. UO Ltd was supplying entertainment that was customised to some degree, so its service necessar...

3. DF v Q Ltd [2023] NZDT 177 (19 April 2023) [pdf, 143 KB]

   ...compensation and if so, how much (c) Whether Q Ltd is entitled to travel costs to feed the cat and for EF’s time. Has Q Ltd failed to provide its service to DF with reasonable care and skill? 7. I am satisfied that the Consumer Guarantees Act (CGA) applies to this contract because a property management service while a home owner is out of the country for work is a service that would be ordinarily acquired for personal use (S.2 CGA). CI0301_CIV_DCDT_Order Page 2 of 4...

4. MC v SH [2020] NZDT 1544 (29 May 2020) [pdf, 106 KB]

   ...claims that the dentures are not of acceptable quality or fit for purpose. She claims a refund of the amount paid for the dentures. 3. The relevant law here is found in the Fair Trading Act 1986 (the FTA) and the Consumer Guarantees Act 1993 (the CGA). 4. Section 9 of the FTA provides that no person shall, in trade, engage in conduct that is misleading or deceptive or is likely to mislead or deceive. Section 43 of the FTA provides the Tribunal with a wide discretion to provide an...

5. UW v XG Ltd [2024] NZDT 161 (16 April 2024) [pdf, 139 KB]

   ...to supply a gate which corresponded to ’s website when ordering his gate? 4. There is not enough evidence to support a finding that there has been a breach of the Consumer Guarantees Act in this case. 5. The Consumer Guarantees Act 1993 (CGA) provides that where there is a supply of consumer goods, there is a guarantee that the goods will be of acceptable quality. Where goods are sold by description, there is also a guarantee that the goods will correspond with that description....

6. H Ltd v HF & OF [2022] NZDT 217 (16 November 2022) [pdf, 208 KB]

   ...CI0301_CIV_DCDT_Order Page 2 of 5 (c) Was OF a party to the contract? (d) If so, what is the remedy? Did H Ltd provide their services with reasonable care and skill? 7. The law relevant to this claim is as follows: The Consumer Guarantees Act 1993 (CGA) provides guarantees to consumers who obtain services from a tradesperson. Section 28 of the CGA provides that where services are supplied to a consumer there is a guarantee that the service will be carried out with reasonab...

7. SM v D Ltd [2023] NZDT 155 (10 May 2023) [pdf, 229 KB]

   ...claim within the jurisdiction of the Disputes Tribunal. CI0301_CIV_DCDT_Order Page 2 of 4 5. The issues to be determined are: • Did D Ltd carry out its service with reasonable care and skill as per the Consumer Guarantees Act 1993 (CGA)? • Was any failure of CGA guarantee one of substantial character? • What remedy is available to SM/GN? Did D Ltd carry out its service with reasonable care and skill as per the Consumer Guarantees Act 1993 (CGA)? 6. I fin...

8. MO v X Ltd [2025] NZDT 111 (5 March 2025) [pdf, 197 KB]

   ...provisions. Has there been a breach of the guarantee of reasonable care and skill or the guarantee that the services would be fit for a particular purpose? 13. Where services are supplied to a consumer, s 28 of the Consumer Guarantees Act 1993 (“CGA”) states that there is a guarantee that the service will be carried out with reasonable care and skill. Section 29 CGA also states that the services will be reasonably fit for any purpose and of such a nature and quality that it can...

9. TI v T Ltd [2025] NZDT 84 (18 February 2025) [pdf, 216 KB]

   ...below. 13. TI filed this claim on 7 October 2024, seeking a refund of the $8,199, plus $1,000 for “the stress caused and to cover fees or costs for making this claim”. Law 14. The relevant law is the Consumer Guarantees Act 1993 (“CGA”). 15. Where a person in trade supplies consumer goods, there is a guarantee that the goods will be of “acceptable quality”. 16. This means that the goods must be fit for purpose, durable, and free from minor defects. They must b...

10. EQ v B Ltd [2023] NZDT 504 (13 October 2023) [pdf, 198 KB]

    ...filed her claim. The limitation period under the Fair Trading Act 1986 (FTA) is also three years. 6. As it relates to the original consultation and treatment, EQ’s claim is therefore statute-barred, whether under the Consumer Guarantees Act 1993 (CGA) or the FTA. 7. As it relates to some or all of the follow-up appointments, which were $83.95 each, EQ’s claim might not be strictly statute-barred if brought under the CGA, although B Ltd’s ability to defend these claims would be aff...