Search Results

1. OF v D Ltd [2019] NZDT 1405 (9 August 2019) [pdf, 223 KB]

   ...over and above a reasonable tolerance from the estimate. 20. In addition, Mr G’s company was operating “in trade” in supplying services to OF as a car restorer. His work was accordingly subject to the statutory warranties contained in the Consumer Guarantees Act 1993 to provide services with reasonable skill and care (s28), and the obligations set out in the Fair Trading Act 1986 not to mislead (ss9-13). 21. As a rule of thumb, an estimate is considered to have been a misre...

2. FN & NH v K Ltd & O Ltd [2023] NZDT 466 (25 August 2023) [pdf, 247 KB]

   ...21. O Ltd and K Ltd were obliged to exercise reasonable care and skill in the services that they provided to NH and FN.1 22. There are two strands to the argument put forward by NH and FN that O Ltd and K Ltd failed to meet that standard: 1 Consumer Guarantees Act 1993, section 28 CI0301_CIV_DCDT_Order Page 3 of 6 a. That ZB unilaterally decided, or that he influenced / persuaded NH and FN to agree, to use the existing fence as the boundary line between Lot 1 and Lot...

3. TL v OC Ltd [2023] NZDT 775 (14 December 2023) [pdf, 235 KB]

   ...WS concluded that a different product, ‘[Product 2]’ had been used. [Product 1] is a penetrating product, whereas [Product 2] sits on the surface of the timber and requires a special primer to be used. Law 6. The law of contract and the Consumer Guarantees Act 1993 apply. If the contract specifies a particular product, then the supplier is liable for any losses resulting from the incorrect product being used. The CGA also provides for an implied guarantee in consumer contract...

4. BORA Dairy Industry Restructuring Amendment Bill [pdf, 87 KB]

   ...whether the provisions in subparts 5 and 5A should be retained, repealed, or amended. 7. The Bill also makes a number of minor and technical changes to support subparts 5 and 5A. It also revokes the Herd Testing Regulations 1958 and provides for consequential amendments to the Dairy Industry (Herd Testing and New Zealand Dairy Core Database) Regulations 2001. 8. The Bill also amends the Dairy Restructuring (Raw Milk) Regulations 2012 to: a. reduce independent processors’ eligibility...

5. FR v TI [2019] NZDT 1145 (12 April 2019) [pdf, 80 KB]

   ...reasonable care, and to ensure it is fit for purpose? (b) If not, is any sum due to the company? Has the company provided its service with reasonable care, and in a manner that is fit for purpose? [6] The company is providing a service to which the Consumer Guarantees Act 1993 applies. Consequently, the company is required to ensure that it carries out its services with reasonable care and skill (s28), and in a manner that results in a product that is fit for purpose (s29)....

6. Revill v Registrar of REAA [2011] NZREADT 41 [pdf, 125 KB]

   ...regard for the legal profession. [17] We accept that this principle is equally applicable to licensing decisions under the Act which is a piece of consumer legislation and s.3 puts its purposes as: “to promote and protect the interests of consumers in respect of transactions that relate to real estate and to promote public confidence in the performance of real estate agency work.” [18] It has been put that the number and range of the applicant’s criminal convictions call i...

7. CAC 20007 v Marshall [2013] NZREADT 72 [pdf, 20 KB]

   ...as the defendant holds a licence, he is entitled to carry out real estate agency work if employed or engaged by an agent; and although not currently employed, there is nothing to prevent this from occurring. This means there is a potential risk to consumers because the defendant currently holds a real estate agent’s licence. Also as Mr Hodge points out, conversely, given the defendant’s advice that he is not employed, there could be no prejudice to the defendant in an interim suspen...

8. HN v FH Ltd [2021] NZDT 1576 (16 July 2021) [pdf, 243 KB]

   ...accommodation, $45 filing fee and the remainder in legal costs/ exemplary damages due to the defendant’s intentional breach. 14.HN when presenting his claim included the above causes of action plus he considered that there had been - A breach of the Consumer Guarantees Act as FH had substituted a low end /inferior ferry ‘[Ferry] ‘instead of the high end /Premium vessel [Vessel] which was shown at the time of the ticket purchase. - Negligence as FH claims to have been unable to...

9. CS & KS v H Ltd [2023] NZDT 605 (13 November 2023) [pdf, 204 KB]

   ...additional costs, including any wi-fi upgrades necessary to enable the inverter to communicate with the control unit. 28. CS and KS have sought damages for additional electricity costs. The CGA and the law of contract both allow for recovery of consequential losses all incurred as the result of a breach of contract. This can occur where those costs are incurred as a direct result of the failure, and where the costs are reasonably foreseeable under the scope of the contract. 29. In...

10. Abortion Legislation Bill (Cabinet Papers) [pdf, 1.9 MB]

    ...27. These proposals are based on the options and discussion in the Law Commission briefing paper and my discussions with many of you. I request that Cabinet agree to the drafting of a bill containing the proposals set out in this paper. 28. Other consequential amendments may be required to the Contraception, Sterilisation and Abortion Act 1977 to ensure that the language of the legislation is consistent with taking a health approach to the regulation of abortion. Removing the crimin...