Search Results

1. ACG Ltd v ZXX Ltd [2011] NZDT 157 (9 May 2011) [pdf, 112 KB]

   ...respect, the argument is not whether or not the product was fit for purpose but rather whether or not the product supplied was in fact the product that was ordered in the first place. [10] The bulk of ACG Ltd’s claim for compensation comprises consequential losses arising out of rebottling affected product. RT argued that ZXX Ltd’s terms and conditions, which ACG Ltd agreed to when it applied for a trading account with ZXX Ltd, expressly excludes liability for indirect and c...

2. TH v BG Ltd [2019] NZDT 1515 (12 August 2019) [pdf, 202 KB]

   ...care and skill, and in accordance with all laws and legal requirements? Was it reasonably fit for purpose? If not, was it a substantial failure? b) What sum, if any, is payable or refundable to TH? Is the cost of her structural engineering report a consequential loss? To what extent would it need to have been done anyway? CI0301_CIV_DCDT_Order Page 2 of 4 Was the work done with reasonable care and skill, and in accordance with all laws and legal requirements? Was it reasonably fit...

3. EC & ECE v UX Ltd [2016] NZDT 895 (12 February 2016) [pdf, 86 KB]

   ...regrouting after the replacement has been carried out. They also claim that the remedial job has been inadequate, with resin left on the surface of the tiles and staining to the supposedly stain-resistant grouting. [5] The relevant law is the Consumer Guarantees Act 1993 (‘CGA’), specifically section 28 of the CGA which provides a guarantee that services will be carried out with reasonable care and skill. Issues [6] The issues to determine are: A. Were both sc...

4. BORA Geographical Indications (Wine and Spirits) Registration Amendment Bill [pdf, 280 KB]

   ...reputation or other characteristic is essentially attributable to that origin (e.g. Central Otago Wine). 3. The Bill introduces a new provision in the Act’s purpose (new s 3(c)) that says one of the purposes of the Act is to protect the interests of consumers of wine and spirits in New Zealand by providing assurance that a wine or spirit using a registered GI originates in the territory, region, or locality to which the registered GI relates. 4. The Bill amends the Act to replace what...

5. COVID-19 Response (Management Measures) Legislation Bill – Ministry of Justice [pdf, 281 KB]

   ...making and keeping of records. The Bill also makes it possible for certain entities to modify certain requirements or restrictions in its constitution or rules, if it is not reasonably practicable to comply with them. • Credit Contracts and Consumer Finance Act 2003 - to enable urgent changes to the Responsible Lending Code to take effect sooner than 28 days after their notification in the Gazette. • Consumer Information Standards (Origin of Food) Regulations 2021 - to de...

6. CP Ltd v ES [2022] NZDT 193 (20 September 2022) [pdf, 225 KB]

   ...she had the right to inspect the cabin once installed to make sure it was all ok before making the final payment, but this is simply not what the contract provides for. In terms of inspecting the cabin, ES would always have had the protection of the Consumer Guarantees Act if she had discovered problems with the cabin after installation, and on a practical level a supplier is usually more willing to fulfil their obligations under the CGA if they have been paid (even though the obligations...

7. UI & II v D Ltd [2023] NZDT 34 (31 January 2023) [pdf, 104 KB]

   ...Tribunal proceedings. 7. The issues to be determined are: • Did D Ltd carry out its service with reasonable care and skill? • What remedy is available to UI and II? Did D Ltd carry out its service with reasonable care and skill? 8. The Consumer Guarantees Act 1993 (‘CGA’) provides statutory guarantees to consumers, the relevant guarantee in this case being that a supplier will carry out its service with reasonable care and skill (section 28, CGA). 9. If the prob...

8. AQ & BQ v DD Ltd [2022] NZDT 4 (11 February 2022) [pdf, 96 KB]

   ...so, does the compensation payable for this result in any sum payable by either party? Did DD Ltd fail to do work with reasonable care and skill? 4. All building work undertaken at the property was subject to the statutory warranties in the Consumer Guarantees Act 1993, one of which is that the work will be undertaken with reasonable care and skill. 5. On the evidence that could be presented at the hearing, AQ and BQ established that it was likely there were five errors made that...

9. 20240531-Local-Government-Water-Services-Preliminary-Arrangements-Bill.pdf [pdf, 285 KB]

   ...decision-making processes for establishing, joining, and amending water services council-controlled organisations; and, d. an approach to creating a financially sustainable model for Watercare.2 7. In addition to its stand-alone provisions, the Bill includes consequential amendments to the Local Government Act 2002, the Local Government (Auckland Council) Act 2009, and the Civil Defence and Emergency Management Act 2002. Consistency of the Bill with the Bill of Rights Act Section...

10. MS v D Ltd [2023] NZDT 763 (18 December 2023) [pdf, 176 KB]

    ...they have incurred as a result of the defective vehicle it sold to MS, which are not relevant here as it was D Ltd’s obligation to remedy the defects by repair of the defects or replacement of the goods, within a reasonable time, pursuant to the Consumer Guarantees Act 1993. CI0301_CIV_DCDT_Order Page 2 of 3 8. At the third hearing, the remaining issue of compensation was further discussed. MS now claiming she had been earning between $900.00 - $1,200.00 net per week when workin...