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CI0301_CIV_DCDT_Order Page 1 of 5 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL District Court [2021] NZDT 1623 APPLICANT CF RESPONDENT EX The Tribunal orders: EX is to pay CF $1,050.00 on or before 6 August 2021. Reasons 1. CF had a recreational boat he wanted to install an outboard motor on. He advertised on social media to find someone who could do the work building a pod and attaching it to his boat to house the motor
CI0301_CIV_DCDT_Order Page 1 of 5 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL [2024] NZDT 202 APPLICANT DN RESPONDENT SC The Tribunal orders: The claim by DN is dismissed. Reasons 1. DN bought a pair of shoes in December 2023 with which she is not happy. She seeks a refund and other compensation on the basis the shoes are not of acceptable quality nor properly fitted in breach of the Consumer Guarantees Act 1993.
...move onto the next design stage? • Did CI accept the fifth concept design? • Did S Ltd perform the contract with reasonable care and skill and was the product of the service fit for purpose, as per the Consumer Guarantees Act 1993? • What CGA remedy, if any, is available to CI? CI0301_CIV_DCDT_Order Page 2 of 4 Did the contract require CI’s written approval to move onto the next design stage? 6. CI contends that the written contract requires her written app...
...recognises that contracts can include both express terms agreed between parties, such as those in the conditions of carriage, and also implied terms. Terms implied into a contract by law can include those under the Consumer Guarantees Act 1993 (“the CGA”). For air travel, the Civil Aviation Act 1990 and the Montreal Convention 1999 may also apply. 6. The issues for me to resolve are: a) Did B Ltd act wrongly by declining to permit NF boarding? CI0301_CIV_DCDT_Order Page 2 of 4...
...upon which NN could be held liable for any of the costs associated with water damage or bathroom remediation. Did EK carry out the house inspection service in October 2020 with reasonable care and skill? 13. 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 services with reasonable care and skill (section 28, CGA). 14. The pre-purchase inspection report provided by...
CI0301_CIV_DCDT_Order Page 1 of 4 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL District Court [2022] NZDT 163 APPLICANT IT APPLICANT NH RESPONDENT UN Ltd The Tribunal orders: IT and NH are to pay UN Ltd $1,285.00 on or before 15 November 2022. Reasons 1. In about December 2021, IT and NH asked UN Ltd to make a 3D printed model of their newborn baby. It was described as a state of the art process involving hundreds o
...any, is available to TI? 17. C Ltd declined to provide TI a remedy when she requested one, because they did not accept they were at fault over the fabric order or that the quality of their upholstering work was was not up- to-standard. Under the CGA, TI was required to give the supplier the opportunity to remedy any failures of guarantee and she did this. 18. Due to the contractual issue of the wrong fabric having been ordered, the appropriate remedy arising from that aspect of the...
...the price of the services. Did U Ltd charge in accordance with the agreement or if no agreement, is the amount charged reasonable? 23. While I have already found that there was a breach of the FTA, this matter can also be considered under the CGA. 24. Where a service is provided to a consumer and there is no agreement between the parties as to price, s31 of the CGA means that there is a guarantee that the consumer is not liable to pay to the supplier more than a reasonable pri...
...closing her account? 12. M Ltd acknowledged that there were delays in processing TT’s request to close her account, and that its customer service was poor in this regard. This was a failure to comply with s 28 of the Consumer Guarantees Act 1993 (CGA), which 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. Failure to meet CGA obligations also amounts to a breach of the lender responsibility...
...working order. (d) As the System is a consumer item, and the company was in trade, this was also a breach of the statutory guarantee that the System be of acceptable quality and fit for purpose, as set out in the Consumer Guarantees Act 1993 (“CGA”). Given the warranty in the contract, the statutory guarantee does not add any additional protection for Ms E, but it does clarify the available remedies (s18). Whilst there is a remedy under the contract to be paid reasonable repai...