Search Results

1. AQ & BQ v DD Ltd [2022] NZDT 4 (11 February 2022) [pdf, 96 KB]

   ...so, does the compensation payable for this result in any sum payable by either party? Did DD Ltd fail to do work with reasonable care and skill? 4. All building work undertaken at the property was subject to the statutory warranties in the Consumer Guarantees Act 1993, one of which is that the work will be undertaken with reasonable care and skill. 5. On the evidence that could be presented at the hearing, AQ and BQ established that it was likely there were five errors made that...

2. 20240531-Local-Government-Water-Services-Preliminary-Arrangements-Bill.pdf [pdf, 285 KB]

   ...decision-making processes for establishing, joining, and amending water services council-controlled organisations; and, d. an approach to creating a financially sustainable model for Watercare.2 7. In addition to its stand-alone provisions, the Bill includes consequential amendments to the Local Government Act 2002, the Local Government (Auckland Council) Act 2009, and the Civil Defence and Emergency Management Act 2002. Consistency of the Bill with the Bill of Rights Act Section...

3. MI & ZM v B Ltd [2024] NZDT 435 (12 June 2024) [pdf, 195 KB]

   ...Did B Ltd manage its credit/refund and booking processes with reasonable care and skill? 6. As the contract was formed in [Country], and because the Montreal Convention does not cover this aspect of an airline’s dealings with its customers, the Consumer Guarantees Act 1993 (‘CGA’) applies. 7. ZM also referenced the Fair Trading Act, but as the issues in dispute in this case relate to the quality of B Ltd’s service with respect to credits and refunds and their booking proces...

4. QQ v F Ltd [2025] NZDT 231 (27 May 2025) [pdf, 114 KB]

   ...must prove the claim on the balance of probabilities. I can only make a decision on the evidence. There were a few “he said/he said” comments without supporting evidence. I cannot make a finding on such comments. The law 5. Under the Consumer Guarantees Act 1993 (CGA) where services are supplied by a supplier to a consumer (QQ is the consumer and F Ltd is the supplier for the purposes of the CGA) there is a guarantee that the services will be carried out with reasonable care...

5. TM & YM v K Ltd [2024] NZDT 608 (6 June 2024) [pdf, 138 KB]

   ...the description as being of Solid Wood? b) Was the kitchen free from defects and installed with reasonable skill and care? c) What is the remedy? 7. As the kitchen is a domestic item ordinarily used for household use then it is covered by the Consumer Guarantees Act 1993. The relevant provisions are s 9 and 10 of the Consumer Guarantees Act 1993 (CGA) that provides that when goods are supplied by reference to a description or sample then the goods provided must match that description...

6. EU & Ors v I Ltd [2024] NZDT 594 (19 July 2024) [pdf, 184 KB]

   ...terms and conditions of hire limit its liability to EU, and further, provide it indemnification by EU against claims from third parties (F Ltd and SC Ltd in this case) for damage. 7. With respect to I Ltd’s contract with EU, I find that EU is a consumer for the purposes of the Consumer Guarantees Act 1993 (CGA). EU says that although he is a technical events professional, he was involved in this event in a personal capacity and was not acting in trade when he hired the generator and...

7. BORA Geographical Indications (Wine and Spirits) Registration Amendment Bill [pdf, 280 KB]

   ...provide a long term source of funding for the maintenance of the register of GIs. The GIs “New Zealand”, “North Island” and “South Island”, will have enduring GI registration status, so will not have to be renewed. 5. The Bill also makes consequential amendments to the Trade Marks Act 2002. The amendments prohibit the Commissioner registering trade marks that include registered GIs for wine or spirits not covered by the registration. The Commissioner can however register such...

8. EC & ECE v UX Ltd [2016] NZDT 895 (12 February 2016) [pdf, 86 KB]

   ...drain as the surface is not one from which scratches can be removed. This is reasonably foreseeable as is the difficulty of removal given the nature of a shower base. It is appropriate that another supplier carry out the work, as it work of a consequential nature rather than direct remedial work and likely requires different skills to the original job. [13] I accept that another grouting job will be needed after the shower drain is replaced, and deem that value to be $250.00, the...

9. COVID-19 Response (Management Measures) Legislation Bill – Ministry of Justice [pdf, 281 KB]

   ...Schedule 5 – Ministry of Housing and Urban Development 14. Schedule 5 amends the Residential Tenancies Act 1986 to restrict the rights of landlords to terminate tenancies when a COVID-19 tenancies order is in force. Schedule 5 also includes a consequential amendment to the Secondary Legislation Act 2021. Schedule 7 – Ministry of Transport 15. Schedule 7 amends the Land Transport Act 1998 to allow the service of notices under the Act by fax or email where it is not practicable to...

10. BX v W Ltd [2023] NZDT 709 (21 December 2023) [pdf, 117 KB]

    ...airport, and it is not financially feasible for it to offer flights from other centres. Issues i) Is the applicant limited by the DOCA? ii) Has the respondent acted reasonably when administrating the FFCP? (1) Terms of the contract (2) The Consumer Guarantees Act 1993 (3) Fair Trading Act 1986 (4) Number of seats available (5) Destinations iii) Suppression Issue 1 [7] As stated, the respondent claims customers are prevented from seeking a refund under the DOCA...