Search Results

1. MZ v GU Ltd [2022] NZDT 56 (5 May 2022) [pdf, 143 KB]

   ...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...

2. NU v OA [2023] NZDT 748 (19 December 2023) [pdf, 224 KB]

   ...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...

3. KS v T Ltd [2023] NZDT 28 (11 January 2023) [pdf, 225 KB]

   ...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...

4. LN v SU & Ors [2024] NZDT 376 (5 March 2024) [pdf, 189 KB]

   ...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...

5. ND v X Ltd [2024] NZDT 689 (12 September 2024) [pdf, 105 KB]

   ...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...

6. SU v S Ltd [2025] NZDT 142 (14 February 2025) [pdf, 100 KB]

   ...Was the work done with reasonable care and skill and was it fit for the purpose? b) What sum, if any, is payable? Was the work done with reasonable care and skill and was it fit for the purpose? 5. 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. Where part of the service involves providing advice on the work to be done, the advice must...

7. OX v PM Ltd [2020] NZDT 1331 (22 June 2020) [pdf, 498 KB]

   ...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...

8. DN v TT & CB [2024] NZDT 880 (28 August 2024) [pdf, 267 KB]

   ...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...

9. TG v H Ltd [2019] NZDT 1338 (25 October 2019) [pdf, 304 KB]

   ...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...

10. ZM v BQ [2025] NZDT 85 (27 February 2025) [pdf, 195 KB]

    ...has no jurisdiction to apply the Code of Health and Disability Services Consumer Rights or the Health Practitioners Competence Assurance Act 2003. 19. The Disputes Tribunal must consider ZM’s claim under the Consumer Guarantees Act 1993 (“CGA”). The CGA applies to all providers of consumer services. The CGA states that the service provider must exercise “reasonable care and skill”. The Disputes Tribunal has jurisdiction under the CGA. 20. BQ’s submissions include a...