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CI0301_CIV_DCDT_Order Page 1 of 4 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL District Court [2022] NZDT 110 APPLICANT SH RESPONDENT TS The Tribunal orders: 1. TS is to pay $2,500.00 to SH on or before Friday 16 September 2022. 2. Within 21 consecutive days of SH receiving the money in full, TS may collect the [vehicle] at his sole cost. SH is to ensure the vehicle is reasonably available for collection during normal
...to AC power when it was wired for battery power. There is no evidence to suggest that there is an inherent problem with the motor purchased by MZ and it was therefore of acceptable quality for the purposes of the Consumer Guarantees Act 1993 (‘CGA’). Did UE make false or misleading representations about the motor when advertising the goods? 9. Section 13(a) of the Fair Trading Act 1986 provides that – “No person shall, in trade, in connection with the supply or possib...
...deceptive conduct. 30. For these reasons I am more than satisfied that the Fair Trading Act 1986 is not relevant to the claim and even if it applies to the parties there is no evidence of an actionable breach. Does the Consumer Guarantees Act 1983 (CGA) apply? 31. I am not satisfied that the applicant has proved that he fulfils the definition of a consumer as it is provided for in the Consumer Guarantees Act 1983. I make my finding when I consider that the “interpretation” c...
...provide its service with reasonable care and skill by leaving KS’ car exposed to the elements after sandblasting, by cutting trims around the rear window and did they cause denting damage to external panels? 6. 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 service with reasonable care and skill (section 28, CGA). 7. H Ltd acknowledge that KS’ car was left outs...
...entitled to under the Consumer Guarantees Act? c. And, which of the respondents are liable under the contract? Was the work carried out with reasonable care and skill? CI0301_CIV_DCDT_Order Page 2 of 4 5. The Consumer Guarantees Act 1993 (CGA) implies guarantees into consumer contracts for the protection of consumers. Section 28 of the CGA provides a guarantee that services will be carried out with reasonable care and skill. 6. SU quoted for and carried out repair work o...
...Trading Act 1986? c. If there has been a breach, what remedy is appropriate? Were the services fit for purpose or carried out with reasonable care and skill? 6. 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 reas...
...the DJI website (s7(1)(i)) and what he was told by PM (s7(1)(i) and (j)). 17. I am unable to make a finding that the claim can be successful against PM in the way it has been framed. This is so for the following reasons. 18. Section 17 of the CGA states: 19. As a result of this section, PM cannot be liable for any failure of the drone to be of acceptable quality if the only reason why it would fail was the information on the DJI website giving unreasonable expectations of...
...a) Was the car of acceptable quality? b) If not, could the failure be remedied or was it a failure of substantial character? c) What remedy is DN entitled to? Was the car of acceptable quality? 18. The Consumer Guarantees Act 1993 (‘CGA’) provides a guarantee that goods supplied to consumers will be of acceptable quality (section 6). “Acceptable quality” is defined as including being fit for all the purposes for which goods of the type are commonly supplied, free from m...
...right to another free return the following season. In November 2015, TG sought a refund of her stud fee, but the contract provided for a free return, not a refund. A refund could only be due upon a breach being established under the contract or CGA. 17. I have had regard to whether the second free return (the purchase of K) was a “qualifying” return, or whether it failed to be so given the way it was managed. K was purchased already in foal. When K arrived at TG’s on 22 Janu...
...Such plugs and lamps are not usable in New Zealand without a stepdown voltage changer. EN and MN then communicated with II regarding a refund, however this was not accepted. 3. EN and MN claim a refund relying on the Consumer Guarantees Act 1993 (CGA) and seek a refund of the cost of the lamps $845.95, and the filing fee. 4. The CGA implies guarantees into contracts that goods are reasonably fit for purpose. Section 8(1)(b) requires that goods are reasonably fit for any purpose a c...