Search Results

1. CH v Q Ltd [2021] NZDT 1617 (9 August 2021) [pdf, 175 KB]

   ...and/or not fit for purpose and/or were the services that Q Ltd provided to CH not carried out with reasonable care and skill and/or were the services or the product of those services not fit for purpose? 8. The Consumer Guarantees Act 1993 (“the CGA”) applies to the goods and services provided by Q Ltd to CH. 9. When a supplier provides goods and/or services to a consumer, the CGA implies certain guarantees into the contract between them. When a supplier supplies goods to a con...

2. SG & LN v M Ltd [2023] NZDT 715 (12 December 2023) [pdf, 220 KB]

   ...Has M Ltd provided services with reasonable care and skill? 10. Contract law recognises contracts can have terms expressly agreed between the parties, and terms which are implied into the contract by law. The Consumer Guarantees Act 1993 (“CGA”) has terms relevant to this contract, because the CGA implies minimum standards (guarantees) where goods and services are supplied in trade to consumers. It also provides a scheme of remedies when those guarantees are breached. Section 2...

3. QL v E Ltd [2023] NZDT 752 (1 December 2023) [pdf, 182 KB]

   ...claim. 4. The warranty claim was declined as it was determined that the damage was externally caused and not due to a product defect nor a design or manufacturing defect. 5. QL demanded a replacement jacket under the Consumer Guarantees Act 1993 (CGA), which E Ltd refused but E Ltd did offer QL a replacement jacket at cost, which QL refused. 6. QL brings this claim under the CGA for $1,350.00. 7. The issues are: Was the jacket defective pursuant to the CGA? Is QL entitled to...

4. ST v L Ltd [2025] NZDT 149 (4 May 2025) [pdf, 197 KB]

   ...appropriate standard. ST wants L Ltd to pay for work he states is required, and he wants to be reimbursed for the money he has paid them. Was the work done with reasonable care and skill? 2. The law that applies is the Consumer Guarantees Act 1993 (CGA). The CGA implies guarantees into contracts for the supply of services and goods for personal and domestic use. Car repairs are such services and are therefore covered by the Act. If there is a breach of any of the guarantees, then th...

5. UM v F Ltd [2023] NZDT 599 (22 November 2023) [pdf, 201 KB]

   ...repair the fire and said the gas fitter phoned F LTD’s technical advisor team during the repairs. The fire was repaired, and UM was charged $477.25 for this repair, which he claimed from F LTD. Law 3. The Consumer Guarantees Act 1993 (“CGA”) applies here. Sections 25-27 CGA deal with claims against manufacturers. 4. Section 25 CGA provides recourse for a consumer where a manufacturer fails to comply with a guarantee of acceptable quality or where the goods fail to comply...

6. E Ltd v XL [2024] NZDT 563 (9 July 2024) [pdf, 239 KB]

   ...he accepted. Issues 7. As this claim is filed by E Ltd, the onus of proof lies on E Ltd to satisfy the Tribunal, on the balance of probabilities, that the amount claimed is due to be paid to them. 8. The Consumer Guarantees Act 1993 (“CGA”) applies to this dispute and referring to the CGA, I outline the following issues: a. Did E Ltd’s work meet the guarantee as to fitness of a particular purpose pursuant to section 29 of the CGA? CI0301_CIV_DCDT_Order Pag...

7. GL v SOO Ltd [2018] NZDT 1093 (15 June 2018) [pdf, 116 KB]

   ...acknowledged that, at some point, the 400sqft size noted on the website had been incorrect, but did not accept that a refund was warranted. [3] Ms GL claims a refund of the $4850.00 purchase price of the tent under the Consumer Guarantees Act 1993 (‘CGA’). Issues [4] The issues to determine are: a. Did the SOO tent comply with any description given and was it of acceptable quality? b. What remedy, if any, is available to Ms GL? Did the SOO tent comply with any description...

8. LK & NI v JK Ltd [2024] NZDT 636 (5 September 2024) [pdf, 223 KB]

   ...c. If not, what is the appropriate remedy? Can the Applicants make a claim under the Consumer Guarantees Act 1993 or negligence? 3. I find that the Applicants are entitled to make a claim pursuant to the Consumer Guarantees Act 1993 (“the CGA”). 4. Where services are supplied to a consumer by a supplier, section 28 of the CGA states that there is a guarantee that the service will be carried out with reasonable care and skill. This codifies the law of negligence. 5...

9. NH & ND v U Ltd [2021] NZDT 1681 (7 December 2021) [pdf, 98 KB]

   ...for purpose? c) Was there a reasonable opportunity to remedy? d) Is ND and NH entitled to a full refund of $17,160? Was the roofing work that was completed done with reasonable skill and care? 5. Under the Consumer Guarantees Act 1993 (‘CGA’) it implies guarantees into contracts for the supply of goods and services of a kind ordinarily acquired for personal, domestic or household use. In the case of the supply of services, there is a guarantee under Section 28 of the CGA tha...

10. LG v J Ltd [2024] NZDT 818 (14 October 2024) [pdf, 129 KB]

    ...balance of probabilities, that is, that it is more likely than not. Is the sofa not of acceptable quality and/or not reasonably fit for purpose? 11. When a supplier provides goods to a consumer in trade, the Consumer Guarantees Act 1993 (“CGA”) implies a guarantee that the goods supplied are of acceptable quality (s6 of the CGA). It also implies that the goods will be reasonably fit for any particular purpose that the consumer makes known, expressly or by implication, to the sup...