Search Results

1. MX & MY v F Ltd [2023] NZDT 622 (17 November 2023) [pdf, 103 KB]

   ...was reasonably fit for purpose? b. If so, what is the remedy? Did the company fail to exercise reasonable care and skill and/or fail to provide an outcome that was reasonably fit for purpose? 4. Section 28 of the Consumer Guarantees Act 1993 (CGA) provides that services must be performed with reasonable care and skill. Broadly “reasonable” means the standard of care and skill a reasonable consumer would expect of a reasonable service provider. The guarantee under section 29 of...

2. LN & TN v TT Ltd [2024] NZDT 152 (1 March 2024) [pdf, 206 KB]

   ...addressed the evidence and arguments to the extent necessary to explain my decision. Whether the service was provided with reasonable skill and care and fit for purpose? CI0301_CIV_DCDT_Order Page 2 of 4 6. The Consumer Guarantees Act 1993 (CGA) provides that a supplier must exercise reasonable care and skill. Broadly “reasonable” means what a reasonable consumer would expect in the circumstances, including having regard to the price and any discussion between the parties...

3. ES Ltd v OH & TH [2024] NZDT 214 (28 March 2024) [pdf, 134 KB]

   ...unsatisfactory. The issue [10] I must consider whether ES Ltd is entitled to payment of the balance of its account, and whether the respondents are entitled to the compensation that they seek. The law [11] The Consumer Guarantees Act 1993 (“the CGA”) applies to the services supplied by ES Ltd to OH and TH. The CGA imposes guarantees, where tradespersons supply services to consumers, that the services will be provided with reasonable care and skill, and the result of the serv...

4. CG v UD Ltd [2024] NZDT 270 (28 April 2024) [pdf, 189 KB]

   ...while CG feels they have failed to deliver on their promises, my view is that UD Ltd have conducted the trip with all the inclusions outlined. Was the tour provided with reasonable care and skill? 12. The Consumer Guarantees Act 1993 (“CGA”) provides that all services must be provided with reasonable care and skill. This means that any work done must be at least as good as the work of a competent person with average skills and experience for that type of work. Reasonable ski...

5. DB v K Ltd [2024] NZDT 325 (16 April 2024) [pdf, 98 KB]

   ...and technician’s earlier reports. [7] As discussed at hearing, the Tribunal is required to apply the relevant law. In this case, as this is a consumer sale, the sale is subject to both the law of contract and the Consumer Guarantees Act 1993 (CGA). In terms of the CGA, goods supplied to a consumer must be of acceptable quality. A consumer has a right of redress against a supplier of goods if the goods fail to comply with the guarantees contained in the Act, such as being fit for the pu...

6. BI v N Ltd [2024] NZDT 749 (8 October 2024) [pdf, 225 KB]

   ...for consideration are: a. Was the cooktop of acceptable quality? b. If not, what is the remedy? Was the cooktop of acceptable quality? 10. When a supplier provides goods to a consumer in trade, the Consumer Guarantees Act 1993 (“the CGA”) implies a guarantee that the goods supplied are of acceptable quality (section 6 of the CGA). 11. These guarantees are assessed on an objective standard, that is, what a reasonable consumer would expect from a reasonably competent supp...

7. NC v KD & CD [2024] NZDT 535 (22 July 2024) [pdf, 189 KB]

   ...working (including a bedside light and bedroom light), there was food in the fridge from previous guests and CD had to be called to the cottage to fix Wi-Fi coverage by rebooting the modem. NC has made his claim under the Consumer Guarantees Act 1993 (CGA). Section 28 of the CGA provides a guarantee to consumers that services provided by suppliers will be with reasonable care and skill. 10. KD and CD believe that the items mentioned by NC are trivial. I agree that each item is min...

8. MD v U Ltd [2024] NZDT 578 (30 July 2024) [pdf, 101 KB]

   ...RESPONDENT U Ltd The Tribunal orders: U Ltd is to pay $19,814.50 to MD by 20 August 2024. Reasons Did U Ltd fail to supply a service with reasonable care and skill? 1. Part 4 of the Consumer Guarantees Act 1993 (CGA) provides guarantees for consumers who are supplied services in trade. Section 28 provides that “where services are provided there is a guarantee that the service will be provided with reasonable care and skill.” MD has claimed that the...

9. BT v KY [2025] NZDT 180 (22 April 2025) [pdf, 107 KB]

   ...5 of the panes replaced and is claiming the costs of replacement ($3,252.99). The law 2. BT must prove his claim on the balance of probabilities (in other words what is more likely than not). 3. Under the Consumer Guarantees Act 1993 (CGA) there is a guarantee that a supplier of services must exercise reasonable care and skill when providing the services to a consumer. KY was the supplier in trade of the pre-inspection services and BT was the consumer for the purposes of the...

10. FD, GN, LN, UT, NE, & NP v BQ Ltd [2022] NZDT 165 (18 October 2022) [pdf, 162 KB]

    Page 1 of 2 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL District Court [2022] NZDT 165 APPLICANT FD APPLICANT GN APPLICANTS LN and UT APPLICANTS NE and NP RESPONDENT BQ Ltd The Tribunal orders: BQ Ltd is to pay $1,170.00 to the applicants by 8 November 2022. Reasons Was the service provided with reasonable care and skill? 1. The six applicants booked a guided walking trip wit