Search Results

1. 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,...

2. ND v X Ltd [2024] NZDT 689 (12 September 2024) [pdf, 105 KB]

   ...misleading or deceptive conduct under the Fair Trading Act 1986? c. If there has been a breach, what remedy is appropriate? Were the services fit for purpose or carried out with reasonable care and skill? 6. Where services are supplied to a consumer, s 28 of the Consumer Guarantees Act 1993 (CGA) states that there is a guarantee that the service will be carried out with reasonable care and skill. Section 29 CGA also states that the services will be reasonably fit for any purpose and...

3. TI v N Ltd [2019] NZDT 1438 (30 September 2019) [pdf, 200 KB]

   ...in the Disputes Tribunal) towards the cost of the remedial work. 4. The issues to be determined are: a. Did BCS carry out its inspection services with reasonable skill and care? b. If not, what remedies are available to TI under the Consumer Guarantees Act 1993? c. Is TI entitled to remedial costs? Did BCS provide its inspection services with “reasonable skill and care”? CI0301_CIV_DCDT_Order Page 2 of 6 5. Section 28 of the Consumer Guarantees Act 19...

4. DX v STX & SCX [2023] NZDT 493 (2 October 2023) [pdf, 207 KB]

   ...compensation for “hurt and humiliation”. 14. The hearing took place by phone on 18 September 2023. DX and STX participated in the hearing. I was not able to contact SCX on the phone number provided. Law 15. The relevant law is the Consumer Guarantees Act 1993 (“CGA”). 16. Where services are provided to a consumer there is a guarantee that: a. The services will be provided with “reasonable care and skill”; and b. Any product from the service will be fit...

5. NT v HS [2020] NZDT 1312 (21 October 2020) [pdf, 270 KB]

   ...It took some time for the horse to recover. 3. NT seeks a refund of the horse, plus remedial costs, or alternatively, remedial costs, plus training fees to bring the horse back into work. 4. The issues to be resolved are: (a) Does the Consumer Guarantees Act 1993 apply to the sale? (b) Was the horse of acceptable quality and fit for purpose, as those terms are defined in the CGA? (c) Are both parties “in trade”? (d) If so, did clause 7.9 of the [redacted] conditio...

6. AS v EI Ltd [2023] NZDT 2 (24 January 2023) [pdf, 169 KB]

   ...obligation on the customer to do so and AS has provided good enough reasons today as to why she did not want to have any contact with that neighbour at all. 3. EI Ltd did not attend the hearing today so I make this order in their absence. 4. The Consumer Guarantees Act 1993 provides guarantees to consumers that goods will be of acceptable quality and services will be provided with reasonable care and skill (among other guarantees). 5. Arranging delivery of the plant to AS was a...

7. G Ltd v JC [2024] NZDT 447 (1 May 2024) [pdf, 190 KB]

   ...5. The issues to be determined are: • Did G Ltd perform its building services with reasonable care and skill? • If not, what remedy is available to JC? Did G Ltd perform its building services with reasonable care and skill? 6. 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). CI0301_CIV_DCDT_Orde...

8. OP v U Ltd & B Ltd [2024] NZDT 823 (15 October 2024) [pdf, 134 KB]

   ...is the sole director. I am satisfied that B Ltd provided the storage services to OP and so I have joined B Ltd as a respondent in this claim. 5. The issues to be determined are: a. What were the terms of the agreement? b. Did B Ltd breach the Consumer Guarantees Act? c. What if any remedy is appropriate? d. Is OP liable in any amount to B Ltd? What were the terms of the agreement? 6. I find that it is most likely that there was a contract between OP and B Ltd under which it wa...

9. TZ & AS v TQ [2024] NZDT 220 (8 March 2024) [pdf, 210 KB]

   ...agreed. In addition they acknowledged and I accept that they then agreed in August/September to a new carport for $5,800.00, which was paid but subsequently refunded. 5. In addition to these terms, where a supplier in trade provides services to a consumer the Consumer Guarantees Act 1993 (CGA) applies. This Act set outs guarantees, including those detailed below, and specific remedies. Did TQ fail to exercise reasonable care and skill and/or to produce an outcome that was reasonably...

10. 2021-07-06 ORC - Position on Objective, CWS & Hydro - amended [pdf, 252 KB]

    ...identified in Schedule 10A.5.1 and the application includes the following: (a) A consent expiry date no later than 31 December 2035; and (b) A Water Management Plan; and (c) An assessment of any adverse effects on the environment, including any consequential effects of the end use of water, arising from the activity continuing beyond a six year period; or (2) the take and/or use of water for hydro-electricity generation associated with the Waipori and Deep Stream Hydroelectric Power...