Search Results

1. ET v T Ltd [2023] NZDT 109 (1 March 2023) [pdf, 204 KB]

   ...the screen failure was a consequence of a fault / defect with the phone itself, and not due to any careless handling by ET. 16. ET’s claim seeks a refund of the purchase price, and compensation for inconvenience. 17. The relevant law is the Consumer Guarantees Act 1993 (CGA). 18. Section 6 CGA states that where goods are supplied to a consumer, there is a guarantee that the goods must be of acceptable quality. 19. Section 7 CGA defines acceptable quality as follows: Goo...

2. EN v T Ltd [2023] NZDT 726 (20 December 2023) [pdf, 175 KB]

   ...offered to extend the warranty on it. This replacement unit had undergone testing and inspection and it was fully capable of meeting the expected performance standards. CI0301_CIV_DCDT_Order Page 2 of 3 7. The law relating to this claim is the Consumer Guarantees Act 1993. The Act requires goods to be of an acceptable quality. If goods are not of acceptable quality then the consumer may have a remedy against the supplier and/or the manufacturer. Where goods are manufactured outs...

3. Supplementary Evidence of Matthew Twose [pdf, 2.4 MB]

   BI-098608-70-25-V2 BEFORE THE ENVIRONMENT COURT CHRISTCHURCH REGISTRY ENV-2020-CHC-127 IN THE MATTER of the Resource Management Act 1991 AND a notice of motion under section 149T(2) to decide proposed Plan Change 7 to the Regional Plan: Water for Otago. BETWEEN OTAGO REGIONAL COUNCIL Applicant AND CLUTHA DISTRICT COUNCIL, WAITAKI DISTRICT COUNCIL, QUEENSTOWN LAKES DISTRICT COUNCIL DUNEDIN CITY COUNCIL AND CENTRAL OTAGO DISTRICT COUNCIL Sec

4. SN v G Ltd [2023] NZDT 645 (25 October 2023) [pdf, 184 KB]

   ...like to reassure the parties that all evidence presented to the Tribunal has been considered, but this order only refers to essential evidence material to the issues and is not intended to be a full record of the hearings or evidence presented. Consumer Guarantees Act 1993 7. The supply of excavation services is subject to contract law and to the statutory guarantees set out in the Consumer Guarantees Act 1993 (the Act). CI0301_CIV_DCDT_Order Page 2 of 3 8. Section 28 of...

5. MX & MY v F Ltd [2023] NZDT 622 (17 November 2023) [pdf, 103 KB]

   ...to provide an outcome that was reasonably fit for purpose? b. If so, what is the remedy? Did the company fail to exercise reasonable care and skill and/or fail to provide an outcome that was reasonably fit for purpose? 4. Section 28 of the Consumer Guarantees Act 1993 (CGA) provides that services must be performed with reasonable care and skill. Broadly “reasonable” means the standard of care and skill a reasonable consumer would expect of a reasonable service provider. The...

6. DB v K Ltd [2024] NZDT 325 (16 April 2024) [pdf, 98 KB]

   ...result of misuse, while admitting it had not viewed the oven and was inferring this from the applicant’s and technician’s earlier reports. [7] As discussed at hearing, the Tribunal is required to apply the relevant law. In this case, as this is a consumer sale, the sale is subject to both the law of contract and the Consumer Guarantees Act 1993 (CGA). In terms of the CGA, goods supplied to a consumer must be of acceptable quality. A consumer has a right of redress against a supplier...

7. MJ v OM Ltd [2023] NZDT 52 (21 February 2023) [pdf, 177 KB]

   ...acceptably durable? b) Did the vacuum cause the damage to the skirtings and door? c) What sum, if any, is payable? Was MJ misled into purchasing the extended warranty? Was the vacuum acceptably durable and fit for purpose? 5. Section 6 of the Consumer Guarantees Act 1993 (CGA) provides that where goods are supplied to a consumer, there is a guarantee that the goods will be of acceptable quality. Section 7 defines acceptable quality to include being as durable, fit for common purposes,...

8. NT v D Ltd [2023] NZDT 299 (24 May 2023) [pdf, 186 KB]

   ...who is the director and sole owner of D Ltd. GT says he has over 20 years’ experience in the dry-cleaning business. He says he cleaned the jacket himself. Did D Ltd provide the cleaning service with reasonable care and skill? 5. Under the Consumer Guarantees Act 1993 (CGA) where services are supplied to a consumer (NT is a consumer for the purposes of the CGA) there is a guarantee that the service will be carried out with reasonable care and skill. 6. GT says he uses a Union d...

9. J Ltd v PE Ltd [2024] NZDT 357 (9 March 2024) [pdf, 112 KB]

   ...invoice. 2. J Ltd claims the sum of $6,790.75 for the outstanding invoice. 3. PE Ltd counterclaims for a declaration of non-liability for the sum of $6,790.75 plus filing costs. 4. The issues to be determined are as follows: a. Does the Consumer Guarantees Act 1993 apply to this contract? b. Was the work carried out with reasonable care and skill? c. What remedy, if any, is PE Ltd entitled to under the CGA? d. Did J Ltd charge a reasonable price for the polyurethane product?...

10. IO v TH Ltd [2024] NZDT 151 (26 March 2024) [pdf, 175 KB]

    ...present any defence to the claim. The absence of a party does not prevent the hearing going ahead. 3. The issues to be determined are: a) Did TH Ltd carry out the wrap work with reasonable care and skill? b) What sum, if any, must TH Ltd pay to the consumer? Did TH Ltd carry out the wrap work with reasonable care and skill? 4. Section 28 of the Consumer Guarantees Act 1993 (CGA) provides that where services are supplied to a consumer, there is a guarantee that the service will be ca...