Search Results

1. DA v YB [2023] NZDT 685 (20 December 2023) [pdf, 166 KB]

   ...platform]. 3. At that point, the respondent said they would only assist with the problem once the negative feedback was removed. In taking this stance, the respondent failed to comply with their obligations under the Consumer Guarantees Act 1993 (CGA) to remedy a failure when given the opportunity to do so. 4. As the respondent did not remedy the failure within a reasonable time, the applicant is entitled to reject the goods and obtain a refund as per the CGA provisions. Because th...

2. BK & BH v FF [2023] NZDT 68 (31 March 2023) [pdf, 210 KB]

   ...3 of 6 11. I am satisfied on the evidence before me that the value of the 80,000 [Airline points] is NZ $3,800.00. Are the BK and BH entitled to the cash equivalent of the 80,000 [Airline points]? 12. The Consumer Guarantees Act 1993 (CGA) is applicable. There are certain guarantees under the CGA (which cannot be contracted out of). The applicable guarantee is that the guarantee the service is reasonably fit for a particular purpose (s29 of the CGA). The “malfunctioning seat...

3. ACC and ACD v ZYA [2013] NZDT 111 (18 March 2013) [pdf, 46 KB]

   ...and ACD are entitled to have the work carried out by another tradesman at ZYA’s expense; (ii) If so, what compensation should be paid by ZYA? Law [3] The relevant law is the law of contract and the Consumer Guarantees Act 1993 (the CGA). Decision [4] I find that ACC and ACD are entitled to have the remedial work carried out by another tradesman at ZYA’s expense. [5] ACC and ACD have presented evidence in the form of photos of the work completed by ZYA. Th...

4. AB v CD Ltd [2022] NZDT 87 (23 June 2022) [pdf, 109 KB]

   ...report, as CDL’s full office and administrative resources were not available to him at that time. Was the building report carried out with reasonable care and skill and was it fit for purpose? 11. The Consumer Guarantees Act 1993 (“CGA”) applies to this contract because the service CDL provided is a service ordinarily acquired for personal, domestic or household use as it relates to inspection of a home prior to purchase. I am satisfied AB is a consumer under the CGA. The...

5. UO & NO v HS Ltd & JI & HM [2021] NZDT 1587 (21 July 2021) [pdf, 270 KB]

   ...work must be completed with reasonable skill and care, and is to be fit for purpose. Further under section 17 of the Act, it provides that all building work must comply with the Building Code. 10. I find that the Consumer Guarantees Act 1993 (CGA), is also relevant and applies in this claim. Under section 2 of the CGA, the definition of “supplier” clarifies that the Act will apply to persons who supply services to consumers even if they do not have a direct contractual relationship...

6. OC v NQ [2023] NZDT 767 (20 December 2023) [pdf, 187 KB]

   ...acceptable quality under the Consumer Guarantees Act 13. Having determined on balance that NQ was a motor vehicle trader I then must determine whether the van was of acceptable quality for the purposes of s 6 of the Consumer Guarantees Act 1993 (the CGA). 14. Section 6(1) of the CGA provides that “where goods are supplied to a consumer there is a guarantee that the goods are of acceptable quality”. “Acceptable quality” is defined in s 7 of the CGA (as far as is relevant) as...

7. BE v D Ltd & DO Ltd [2024] NZDT 230 (25 March 2024) [pdf, 212 KB]

   ...arrangements were made for DO Ltd to install fibre into a home owned by BE at [address]. BE says DO Ltd breached the terms of his contract; breached the Contract and Commercial Law Act 2017 (“CCLA”); breached the Consumer Guarantees Act 1993 (“CGA”) by failing to provide services with reasonable care and skill; and breached the Fair Trading Act 1986 (“FTA”) by engaging in misleading and deceptive conduct through unfair trading practices. 3. The claim form records BE’s cla...

8. XG v B Ltd & EH [2024] NZDT 733 (21 September 2024) [pdf, 114 KB]

   ...legally binding contract is formed when both parties intend to contract on agreed terms which they intend to be legally binding. Contracts often have both express terms agreed between parties, and implied terms. The Consumer Guarantees Act 1993 (“CGA”) implies minimum standards (or guarantees) for goods and services into contracts where goods and services are supplied in trade to consumers, and offers remedies where guarantees are breached. Relevant guarantees here are: a. section...

9. OD v Q Ltd [2024] NZDT 738 (16 October 2024) [pdf, 165 KB]

   ...available to attend the telephone hearing today so the hearing proceeded in their absence. 4. I find that Q Ltd was obliged to remedy the original failure of acceptable quality in a reasonable timeframe under the Consumer Guarantees Act 1993 (‘CGA’) and failed to do so. They appear to have also breached the Fair Trading Act 1986 by recommending a potential remedy which would breach the warranty without informing OD of that and then using that as a basis to decline further remedie...

10. MZ v GU Ltd [2022] NZDT 56 (5 May 2022) [pdf, 143 KB]

    ...to AC power when it was wired for battery power. There is no evidence to suggest that there is an inherent problem with the motor purchased by MZ and it was therefore of acceptable quality for the purposes of the Consumer Guarantees Act 1993 (‘CGA’). Did UE make false or misleading representations about the motor when advertising the goods? 9. Section 13(a) of the Fair Trading Act 1986 provides that – “No person shall, in trade, in connection with the supply or possib...