Search Results

1. DD v B Ltd [2022] NZDT 258 (20 December 2022) [pdf, 185 KB]

   ...had already been a failure of guarantee by B Ltd because they had not provided the service in a reasonable timeframe (or followed up in order to do so) as per the guarantee of reasonable timeframe for services in the Consumer Guarantees Act 1993 (‘CGA’). The responsibility to ensure the job proceeds in a reasonable timeframe lies with the supplier, particularly once they have accepted a 50% part-payment, so even if there had been a misunderstanding about who was waiting on contact from...

2. SL v T Ltd [2023] NZDT 444 (11 September 2023) [pdf, 171 KB]

   ...the consumer regarding the possibility of pain? What promises or representations were made regarding the outcome? What was the agreed purpose of the treatment? Was the treatment fit for purpose? 4. Section 29 of the Consumer Guarantees Act 1993 (CGA) provides that services must be reasonably fit for any purpose the consumer makes known to the supplier before the contract is formed, unless the circumstances show that the consumer does not rely on the supplier's skill or judgment, or...

3. KT v P Ltd [2024] NZDT 382 (14 June 2024) [pdf, 128 KB]

   ...‘hybrid’? b. Did P Ltd have any duty to advise KT the type of hybrid that it is, or the likely performance of the vehicle? Does the [vehicle] comply with the description ‘hybrid’? 3. The relevant law is the Consumer Guarantees Act 1993 (CGA). Section 9 of the CGA provides a guarantee that where goods are supplied by a description to a consumer, there is a guarantee that the goods correspond with the description. 4. I find that the [vehicle] complies with the descr...

4. TT v KU [2020] NZDT 1324 (9 September 2020) [pdf, 230 KB]

   ...Ms C was a private seller. Once a private seller uses an agent to sell who themselves is in trade, the transaction as a whole becomes a sale “in trade”. 11. As a result, the transaction was subject to the statutory guarantees set out in the CGA. Is the pony of acceptable quality and fit for purpose? 12. As the CGA applied, the pony was required to be of acceptable quality and fit for purpose. 13. The test for acceptable quality is whether a reasonable consumer would consider...

5. H Ltd v NB [2024] NZDT 843 (20 December 2024) [pdf, 118 KB]

   ...Ltd. 9. The hearings took place by phone on 29 October and 10 December. Both parties participated in the hearings. Ms D represented H Ltd. Findings Law 10. H Ltd supplied goods and services to NB. The Consumer Guarantees Act 1993 (“CGA”) applies. CI0301_CIV_DCDT_Order Page 2 of 5 11. The CGA imposes guarantees that: a. Goods must be of acceptable quality; and b. Services must be provided with reasonable care and skill. 12. If these guarantees...

6. HT v IF Ltd [2024] NZDT 333 (24 April 2024) [pdf, 217 KB]

   ...return of any of the funds paid. Has IF Ltd failed to carry out services with reasonable care and skill as required by the Consumer Guarantees Act 1993? 21. 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. 22. HT said that it was a failure of reasonable care and skill not to undertake predeparture testing for Covid. He said tha...

7. KT v D Ltd [2023] NZDT 632 (23 November 2023) [pdf, 108 KB]

   ...purchase. CI0301_CIV_DCDT_Order Page 2 of 3 10. D Ltd said that as the purchase was not itemised, they would refund 50% of the purchase price for the lockset. 11. The purchase of the parts is covered by the Consumer Guarantees Act 1993 (CGA) which provides that all supplies of consumer goods in trade come with a guarantee that the goods will be of acceptable quality, which includes that they will be as free from minor defects and as durable as a reasonable consumer fully acq...

8. DC v F Ltd [2024] NZDT 247 (7 March 2024) [pdf, 122 KB]

   ...what is a reasonable value to have the resulting damage put right? Is it more likely than not that the water damage beneath the shower could have reasonably been picked up February 2018? 4. The relevant law is the Consumer Guarantees Act 1993 (CGA). Section 28 of the CGA provides a guarantee that where services are supplied by someone in trade to a consumer they will be carried out with reasonable care and skill. For DC to succeed with her claim she must show on the balance of pro...

9. DG v B Ltd [2024] NZDT 253 (26 March 2024) [pdf, 91 KB]

   ...the logic board had failed. 2. Cody claims $1,482.41 from B Ltd being the cost to replace the logic board. The issue to be resolved is whether DG’s [laptop] is of acceptable quality. 3. The relevant law is the Consumer Guarantees Act 1993 (CGA). a. Section 6 of the CGA provides a guarantee to a consumer that goods will be of acceptable quality. b. Section 25 provides that this guarantee applies to the manufacturer of the goods. c. Section 7 provides that goods will b...

10. SN v X Ltd [2024 NZDT 93 (23 January 2024) [pdf, 138 KB]

    CI0301_CIV_DCDT_Order Page 1 of 3 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL [2024] NZDT 93 APPLICANT SN RESPONDENT X Ltd The Tribunal orders: The Application is dismissed. Reasons: 1. SN cancelled his commercial vehicle insurance policy with X Ltd via [messaging app] on 13 April 2023. On the 17 April 2023, SN called X Ltd as he had not heard anything from X Ltd. SN claims that X Ltd treated him poorly in that phone call