Search Results

1. KM v BE [2022] NZDT 25 (29 April 2022) [pdf, 196 KB]

   ...Consumer Guarantees Act 1993? b) Has KM forfeited her right to a refund due to retaining the unit for 9 months? CI0301_CIV_DCDT_Order Page 2 of 4 Reasons: Is KM entitled to a refund for the [Television company] unit under the CGA? 7. The right of consumers to have defective goods remedied replaced or refunded is covered under the Consumer Guarantees Act 1993 (CGA) which provides a set of guarantees for consumers. One of the guarantees is that the goods pu...

2. NN v C Ltd [2023] NZDT 410 (6 July 2023) [pdf, 193 KB]

   ...reject the bike? c. Is NN entitled to a refund of $11,484.00 paid for the bike and accessories, and costs of $2,000.00? Is the bike of acceptable quality and/or fit for any purpose made known by NN? 5. The Consumer Guarantees Act 1993 (“CGA”) implies into contracts a set of minimum standards (guarantees) for goods and services supplied in trade to consumers. Section 6 CGA says goods, such as the bike supplied here, must be of an acceptable quality. That phrase is further defi...

3. NN v C Ltd [2023] NZDT 410 (6 July 2023) [pdf, 193 KB]

   ...reject the bike? c. Is NN entitled to a refund of $11,484.00 paid for the bike and accessories, and costs of $2,000.00? Is the bike of acceptable quality and/or fit for any purpose made known by NN? 5. The Consumer Guarantees Act 1993 (“CGA”) implies into contracts a set of minimum standards (guarantees) for goods and services supplied in trade to consumers. Section 6 CGA says goods, such as the bike supplied here, must be of an acceptable quality. That phrase is further defi...

4. FH & EN v KS & G Ltd [2024] NZDT 756 (15 November 2024) [pdf, 98 KB]

   ...bins of acceptable quality? 5. Contract law recognises contracts can include both express terms agreed between parties, and also implied terms. Terms implied into a contract by law include those such as under the Consumer Guarantees Act 1993 (“CGA”). The CGA implies a set of minimum standards (guarantees) into contracts where goods and services are supplied in trade to consumers. Relevant here is the guarantee under section 6 CGA which requires that supplied goods be of an accep...

5. BG v D Ltd [2025] NZDT 181 (5 May 2025) [pdf, 95 KB]

   ...repair or replace as necessary. [4] The applicant rejected this offer given the time elapsed since the failure. The applicant claims that as the chair is not durable and free from minor defect as required under the Consumer Guarantees Act 1993 (CGA) she is entitled to cancel the sale and obtain damages equal to the cost of purchasing a new comparable model at today’s prices, approximately $1,980.00. Issues 1) Is the chair covered by a warranty. 2) Is the respondent entitled to...

6. TX v W Ltd [2025] NZDT 263 (17 June 2025) [pdf, 187 KB]

   ...R19 rather than 245/40 R19 as recommended by [car manufacturer). TX says the tyre specialist recommended that he change the front tyres to a size recommended by the manufacturer. Which he did straight away. 5. The Consumer Guarantees Act 1993 (CGA) applies to the sale of the car, and provides that warranties that the car must be of acceptable quality and fit for purpose. TX says that this guarantee was not met in relation to the tyres which were too small for the car. 6. TX says th...

7. C Ltd v CZ [2024] NZDT 779 (11 November 2024) [pdf, 387 KB]

   ...are: a. What was the agreement, if any, between the parties regarding what work C Ltd was to do, how it was to be paid for and when it was to be completed? b. Is C Ltd in breach of the contract and / or the Consumer Guarantees Act 1993 (“CGA”) and / or the Building Act 2004 (“BA) by – i. not completing the work within an agreed time or otherwise a reasonable time? ii. Not carrying out its work with reasonable care and skill? iii. Not carrying out the work in accorda...

8. LC v TL and UB Ltd t-a HE [2021] NZDT 1668 (22 October 2021) [pdf, 150 KB]

   ...immediate denture of acceptable quality? b. Was the conventional denture of acceptable quality? c. If not, is LC entitled to $2,502.00? Was the immediate denture of acceptable quality? 4. The relevant law is the Consumer Guarantees Act 1993 (CGA). Section 6 of the CGA provides that where goods are supplied to a consumer there is a guarantee that they are of acceptable quality. Section 7 provides that goods are of ‘acceptable quality’ if they are fit for all the purposes for whic...

9. ZQ v S Ltd and others [2024] NZDT 707 (12 August 2024) [pdf, 115 KB]

   ...the contract is formed. If terms in writing are presented and agreed to, then those are the terms, and if no written terms are provided, the terms are those agreed to or obviously implied to make the contract work. The Consumer Guarantees Act 1993 (CGA) implies guarantees into contracts between consumers and traders providing goods and/or services. Failure to, for example, provide services with reasonable care and skill is a breach of the Act for which the consumer may claim remedies....

10. HI v B Ltd [2024] NZDT 8 (29 February 2024) [pdf, 231 KB]

    ...is seeking a refund of the $400.00 that was charged to his credit card for the booking and the Disputes Tribunal filing fee of $45.00. 6. The issues the Tribunal has to consider are: a. Did B Ltd breach the Consumer Guarantees Act 1993 (“CGA”) by not providing its service of accommodation with reasonable care and skill? b. Did B Ltd breach the Fair Trading Act 1986 (“FTA”) by making a misleading representation about the accommodation? c. If the CGA was breached,...