Search Results

1. EN v B Ltd [2022] NZDT 286 (17 March 2022) [pdf, 192 KB]

   ...onward flight. (g) There is no evidence that EN caused or contributed in any way to the delay that caused him to miss his flight from [City 2] to [Country 1]. Is EN entitled to compensation and if so, how much? 9. The Consumer Guarantees Act (CGA) applies. There is a guarantee in the CGA that B Ltd carry out its service with reasonable care and skill (s 28 CGA). I am satisfied that B Ltd did not carry out its service with reasonable care and skill. It seems to me that the method of...

2. MC v SH [2020] NZDT 1544 (29 May 2020) [pdf, 106 KB]

   ...claims that the dentures are not of acceptable quality or fit for purpose. She claims a refund of the amount paid for the dentures. 3. The relevant law here is found in the Fair Trading Act 1986 (the FTA) and the Consumer Guarantees Act 1993 (the CGA). 4. Section 9 of the FTA provides that no person shall, in trade, engage in conduct that is misleading or deceptive or is likely to mislead or deceive. Section 43 of the FTA provides the Tribunal with a wide discretion to provide an...

3. UW v XG Ltd [2024] NZDT 161 (16 April 2024) [pdf, 139 KB]

   ...to supply a gate which corresponded to ’s website when ordering his gate? 4. There is not enough evidence to support a finding that there has been a breach of the Consumer Guarantees Act in this case. 5. The Consumer Guarantees Act 1993 (CGA) provides that where there is a supply of consumer goods, there is a guarantee that the goods will be of acceptable quality. Where goods are sold by description, there is also a guarantee that the goods will correspond with that description....

4. DD v H Ltd [2023] NZDT 536 (17 October 2023) [pdf, 214 KB]

   ...not. When assessing whether the onus of proof has been discharged by a party I need to consider and evaluate the evidence presented to the Tribunal by the parties. 4. The relevant law is the law of contract and the Consumer Guarantees Act 1993 (CGA). The CGA provides guarantees to consumers who obtain services from a person who is in the business of providing that service. What work did the parties agree the respondent should do? 5. The work to be done by the respondent was f...

5. UO Ltd v BE [2021] NZDT 1511 (22 February 2021) [pdf, 184 KB]

   ...She also pointed out that UO Ltd failed to inform them of the time needed for rehearsal, prompt them for a song list, or send them a copy of the songs selected when the band started rehearsing. 8. 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 carried out with reasonable care and skill. UO Ltd was supplying entertainment that was customised to some degree, so its service necessar...

6. CU v DN Ltd [2019] NZDT 1420 (9 September 2019) [pdf, 229 KB]

   ...reasonable time? (d) If so, is he entitled to a refund? Was the mower of acceptable quality and fit for purpose? 6. I find that the mower was not of an acceptable quality or fit for purpose. 7. The Consumer Guarantees Act 1993 (the “CGA”) applies. DN is bound by the CGA, ss7 and 8, to ensure the mower is of acceptable quality and it is fit for purpose. CI0301_CIV_DCDT_Order Page 2 of 5 8. The test of acceptable quality is an objective one. The test is whether...

7. LL v U Ltd [2024] NZDT 306 (24 April 2024) [pdf, 201 KB]

   ...Guarantees Act 1993? 16. U Ltd provides a platform for buyers and sellers to enter into private contracts. Because U Ltd provides a service for consumers, in some circumstances the statutory guarantees provided for in the Consumer Guarantees Act 1993 (CGA) may apply to the services provided by U Ltd. 17. For these reasons, I am satisfied that the Disputes Tribunal can hear a claim by LL against U Ltd in relation to the provision of its services provided by U Ltd to its consumers....

8. XD v Q Ltd [2024] NZDT 100 (22 February 2024) [pdf, 197 KB]

   ...resolved are: a. Was the spa of acceptable quality? and b. If not, what remedy is appropriate? Was the spa of acceptable quality? 7. I find that XD’s [redacted] spa was not of acceptable quality. 8. The Consumer Guarantees Act 1993 (CGA) provides that the supply of consumer goods in Aotearoa New Zealand comes with a guarantee that the goods will be of acceptable quality. The definition of acceptable quality includes that the goods will be as durable as a reasonable person wo...

9. DS v HW [2023] NZDT 550 (6 October 2023) [pdf, 190 KB]

   ...heard in the District Court and is outside of the jurisdiction of the Disputes Tribunal (s 17). Accordingly, the claim is struck out Was the service provided by HW carried out with reasonable care and skill? 6. The Consumer Guarantees Act 1993 (CGA) applies if a person is a ‘consumer’ and the person from whom services are obtained, is a supplier. A consumer is defined in s 2 as a person who “acquires from a supplier goods or services of a kind ordinarily acquired for person...

10. DT v T Ltd [2023] NZDT 225 (12 May 2023) [pdf, 169 KB]

    ...the code that drainlayers must comply with (NZS3500, Part 2) and that 100mm pipes should be used. Did the respondent provide its services with reasonable care and skill and were they fit for purpose? 7. The Consumer Guarantees Act 1993 (CGA) provides guarantees to consumers who obtain services from a person who is in the business of providing that service. Clauses 28 and 29 of the CGA state that where services are provided to consumers there is a guarantee that they will be ca...