Search Results

1. US Ltd v NH [2021] NZDT 1545 (16 September 2021) [pdf, 182 KB]

   ...and skill. Broadly “reasonable” means what a reasonable consumer would expect in the circumstances, including having regard to the price and any discussion between the parties preceding the work. The guarantee under section 29 of the CGA requires services and any products resulting from the services to be reasonably fit for the common purpose or any particular purpose the consumer makes known, and of such a nature and quality as to be reasonably expected to achieve that result. 6....

2. HF Ltd v Q Ltd [2024 NZDT 229 (12 March 2024) [pdf, 99 KB]

   ...the terms of the Act in that there are issues with the kitchen panels supplied to the Applicant. 5. The Consumer Guarantees Act 1993 does not apply in the present case as it provides guarantees relating to contracts for the supply of goods and services between suppliers and consumers. A consumer for this purpose is a person who acquires the goods or services for personal, domestic, or CI0301_CIV_DCDT_Order Page 2 of 4 household use or consumption. It does not include a person...

3. KC v M Ltd [2023] NZDT 494 (3 October 2023) [pdf, 202 KB]

   ...exit the contract as her employer instigated a work from home policy due to the effects of COVID. As the gym was next to her work, it was no longer convenient for her to travel into town just to attend the gym. She also was of the view that the gym services provided when she started her contract were not the same as [City 1] was then in a restricted COVID setting. 2. On 15/3/23 she agreed to a 1 month pause fee and paid that. Thereafter, as her work circumstances had not changed, she s...

4. TX v BT [2023] NZDT 401 (7 July 2023). [pdf, 211 KB]

   ...c. section 11 (prohibition of conduct in trade that is liable to mislead); d. section 12A(1) (prohibition against unsubstantiated representations made in trade); e. section 13(b) (prohibitions against false or misleading trade representations that services are provided by a person of a particular qualification of skill); and f. section 21 (prohibition of the demand or acceptance for payment for services with no reasonable grounds to believe the services will be supplied). 10. The a...

5. N Ltd v BS & TS [2023] NZDT 164 (9 May 2023) [pdf, 183 KB]

   ...cost for the work. 3. Both parties attended the hearing. N Ltd was represented by RV. Law 4. The law of contract and the Consumer Guarantees Act 1993 apply. Section 31 CGA provides: Guarantee as to price (1) Subject to section 41, where services are supplied to a consumer there is a guarantee that the consumer is not liable to pay to the supplier more than a reasonable price for the service in any case where the price for the service is not— (a) determined by the contract;...

6. IN v EW [2025] NZDT 3 (10 April 2025) [pdf, 195 KB]

   ...agreed terms; and c. Is EW in the business of making dresses; and d. As the dress was not completed, can IN claim a refund of $170.00? Was the dress a birthday gift from EW to IN or was it a contractual agreement? 3. A gift is an item or service that is provided with no expectation of a return. A contractual agreement is an arrangement between parties for an item or service to be provided in return for either money or some other service. 4. EW told me he offered to make the...

7. NN v EE [2024] NZDT 736 (14 October 2024) [pdf, 177 KB]

   ...accommodation reasonably fit for purpose? b) Were the consumers entitled to cancel the contract? c) What sum, if any, must the supplier pay to the consumers? Was the accommodation reasonably fit for purpose? 4. Accommodation in a holiday house is a service ordinarily supplied to consumers, so the Consumer Guarantees Act 1993 (CGA) applies. CGA s 29 provides that services must be reasonably fit for any purpose the consumer makes known to the supplier before the contract is formed, unl...

8. XH v T Ltd [2024] NZDT 410 (2 May 2024) [pdf, 199 KB]

   ...DISPUTES TRIBUNAL [2024] NZDT 410 APPLICANT XH RESPONDENT T Ltd The Tribunal orders: T Ltd is to pay $1,712.50 to XH before 2 June 2024. Reasons 1. XH accepted a quote for $3,499.15 from T Ltd to provide him with carpet laying services. XH paid T Ltd an upfront deposit of $2,000.00 and the parties agreed the carpet would be laid on 27 November 2023. 2. In the event the contract did not proceed and XH claims $2,000.00 being a refund of his deposit. 3. Th...

9. DN v BO [2024] NZDT 430 (6 June 2024) [pdf, 184 KB]

   ...3. I find that the painting of the driveway was not done with reasonable care and skill and was not fit for purpose because the driveway is now slippery and dangerous when it is wet. 4. The Consumer Guarantees Act 1993 (CGA) provides that where services of a domestic nature are provided there is a guarantee that the services will be provided with reasonable care and skill and will be reasonably fit for any purpose the consumer makes known to the supplier. 5. I am satisfied that in...

10. NM v OB [2025] NZDT 56 (22 February 2025) [pdf, 177 KB]

    ...blue smoke from the back of the vehicle. She states the vehicle looked ok but had a few scratches. She states she asked if the car had been in an accident and been well maintained and OB told her no and he provided her with two invoices for recent services. 5. NM states she felt rushed to make a decision because OB said there were other buyers, and he was in the middle of moving. NM states she agreed to purchase and they went to do the transfer of ownership together. She states OB sai...