Search Results

1. DI v VR Ltd [2015] NZDT 865 (10 December 2015) [pdf, 126 KB]

   ...damage on the top side of each velvet boot. [3] AA undertook to repair the damage but when DI collected the boots after the attempt she says they were in an even worse state. [4] DI therefore claims a refund for the re-soling service of $35.00 and consequential losses, being the replacement cost of the velvet boots of $700.00, under the Consumer Guarantees Act (CGA). She also claims the Tribunal filing fee. Issues [5] The issues to determine are: a. Was the damage to the boots...

2. QS v DD Ltd [2022] NZDT 27 (20 April 2022) [pdf, 128 KB]

   ...months later. Those repairs were carried out after the February hearing of this matter during an adjournment period. 6. QS seeks to reject the vehicle, cancel the contract and obtain a refund for amounts paid to date, as per the provisions of the Consumer Guarantees Act 1993 (‘CGA’). She also seeks a refund for breakdown insurance payments made under the contract and alternative transport costs for the period she was without a car. 7. The issues to be determined are: • Wa...

3. DX v STX & SCX [2023] NZDT 493 (2 October 2023) [pdf, 207 KB]

   ...compensation for “hurt and humiliation”. 14. The hearing took place by phone on 18 September 2023. DX and STX participated in the hearing. I was not able to contact SCX on the phone number provided. Law 15. The relevant law is the Consumer Guarantees Act 1993 (“CGA”). 16. Where services are provided to a consumer there is a guarantee that: a. The services will be provided with “reasonable care and skill”; and b. Any product from the service will be fit...

4. MI v T Ltd [2023] NZDT 102 (10 March 2023) [pdf, 114 KB]

   ...of hearing was served to their registered office address and their PO Box number on 27 January 2023). 5. The issues to be determined are: • Did the goods supplied by T Ltd comply with the description made about them as per section 9 of the Consumer Guarantees Act 1993 (‘CGA’)? • If not, what remedy is available to MI? 6. Section 9 of the CGA states that where goods are supplied by description to a consumer, there is a guarantee that the goods correspond with the descripti...

5. BE v B Ltd [2024] NZDT 364 (30 May 2024) [pdf, 168 KB]

   ...1993). 4. The Company accepted this. Given the layout of the site, it was also established that there was no value in the work that had been done (s39 CGA). 5. Consequently, the applicant is entitled to a refund of the fees paid, plus the consequential costs of the engineering fees (s32 CGA). 6. An order has been made accordingly. Referee: J Robertshawe Date: 30 May 2024 Page 2 of 2 Information for Parties Rehearings You can apply...

6. TG v H Ltd [2019] NZDT 1338 (25 October 2019) [pdf, 304 KB]

   ...established that the semen was air freighted to CM. Any concerns about the AI process from that point lie with CM, not the company. 15. I have also had regard to concerns raised by TG about the first free return to N. The company had a duty under the Consumer Guarantees Act 1993 to provide its breeding services with reasonable care. The mare was not inseminated until after purchase (in early March), and no scan was provided to TG to establish it was in foal. In April, when TG was o...

7. KL v WS LCRO 160/2013 Penalty (15 June 2016) [pdf, 38 KB]

   ...Conveyancers Act 2006 AND CONCERNING a determination of the Area Standards Committee BETWEEN KL Applicant AND WS Respondent The names and identifying details of the parties in this decision have been changed. CONSEQUENTIAL ORDERS Section 156 Introduction and Background [1] Pursuant to s 211(1)(a) of the Lawyers and Conveyancers Act 2006, on review the decision of the Standards Committee has been: (a) modified to record a determination ma...

8. NR v HT [2019] NZDT 1335 (6 November 2019) [pdf, 222 KB]

   ...Page 3 of 7 Was the boat of acceptable quality and fit for purpose? 7. However, as the Xs decided to sell their boat through an agent who is acting “in trade”, the sale of the boat became subject to the statutory warranties set out in the Consumer Guarantees Act 1993 (the CGA): Walters & Ors v Taylor Marine Limited & Ors (HC, AK CIV-2006-404-2772). 8. As a result, the boat was required to be of acceptable quality and fit for purpose as those terms are defined in s...

9. [2019] NZCAA 1 (18 January 2019) [pdf, 216 KB]

   ...issue does not lie with the nature of the item, only one attribute of the item. [27] Each case must turn on its facts, with a full consideration of the circumstances. [28] Customs’ main concern is that releasing the vehicle would leave consumers vulnerable. Potentially, the vehicle could be released in circumstances that mitigate those concerns, such as release only allowing the sale for parts, and potentially other orders. [29] It is necessary to put this importation into p...

10. NT v HS [2020] NZDT 1312 (21 October 2020) [pdf, 270 KB]

    ...It took some time for the horse to recover. 3. NT seeks a refund of the horse, plus remedial costs, or alternatively, remedial costs, plus training fees to bring the horse back into work. 4. The issues to be resolved are: (a) Does the Consumer Guarantees Act 1993 apply to the sale? (b) Was the horse of acceptable quality and fit for purpose, as those terms are defined in the CGA? (c) Are both parties “in trade”? (d) If so, did clause 7.9 of the [redacted] conditio...