Search Results

1. EC v NI [2023] NZDT 734 (14 December 2023) [pdf, 189 KB]

   ...The issues to be resolved are: a. Was the job carried out with reasonable care and skill and was it fit for purpose? b. If not, is any payment due? Was the job carried out with reasonable care and skill and was it fit for purpose? 5. The Consumer Guarantees Act 1993 (CGA) implies into all consumer contracts a set of minimum standards (guarantees) for goods and services when they are supplied in trade to consumers. The relevant sections regarding guarantees are in s 28 -that a...

2. BORA Dairy Industry Restructuring Amendment Bill [pdf, 87 KB]

   ...in law that management of the Core Database was transferred from Livestock Improvement Corporation to DairyNZ in 2014. 6. Subparts 5 and 5A of Part 2 of the principal Act, which regulate Fonterra to manage risks to the dairy industry, farmers and consumers, arising from Fonterra’s dominance in New Zealand dairy markets, are amended in order to: a. allow Fonterra to decline applications from dairy farmers to become shareholders in, and supply milk to, Fonterra when it is unlikely that...

3. CAC 20007 v Marshall [2013] NZREADT 72 [pdf, 20 KB]

   ...down a telephone conference for 30 July 2013. The defendant advised us that he refused to attend that telephone conference and he did not. At that telephone conference, we directed that the charge is to be heard by us on 4 October 2013 and we made consequential timetabling orders. In relation to the interim suspension application, our Chairman queried whether an interim order is necessary in light of the defendant’s advice that he is not currently employed and does not wish to take p...

4. SM v D Ltd [2023] NZDT 155 (10 May 2023) [pdf, 229 KB]

   ...the applicants to bring the claim within the jurisdiction of the Disputes Tribunal. CI0301_CIV_DCDT_Order Page 2 of 4 5. The issues to be determined are: • Did D Ltd carry out its service with reasonable care and skill as per the Consumer Guarantees Act 1993 (CGA)? • Was any failure of CGA guarantee one of substantial character? • What remedy is available to SM/GN? Did D Ltd carry out its service with reasonable care and skill as per the Consumer Guarantees...

5. LQ Ltd v JN & BN [2022] NZDT 2 (14 February 2022) [pdf, 224 KB]

   ...excessive for the work done. 5. The issues to be resolved are: (a) Is it more likely than not that JI removed the fuse? (b) If so, how much is payable for the work done? Is it more likely than not that JI removed the fuse? 6. The Consumer Guarantees Act 1993 provides that a service should be provided with reasonable skill and care (s28). There is no dispute that the work done on the cylinder was done properly. However, the responsibility to act with due care relates n...

6. EP v UK LTD & UKU LTD 2016 NZDT 893 (7 December 2016) [pdf, 137 KB]

   ...Tribunals Act 1988. Issues [7] The issues to determine are: a) Did EP have a contractual relationship with one or both respondents? b) Did UK Ltd perform its car repair service in a reasonable time as per section 30 of the Consumer Guarantees Act 1993 (‘CGA’)? c) Did UK Ltd perform its service with reasonable care and skill (section 28, CGA)? d) Was any failure a failure of substantial character (section 36, CGA)? e) What remedy is available to EP? Did EP...

7. NT v SQ [2023] NZDT 498 (31 October 2023) [pdf, 176 KB]

   ...the car had no issues. Since the car is uneconomic to repair, damages are measured by the difference between the actual value of the car and the expected value of the car in the condition as represented. The buyer can also recover any foreseeable consequential losses. 11. The estimated value of the car if sold for parts is $600 to $650. The higher figure is applicable since the buyer bears the onus of proving the amount of his claim. Assuming the purchase price represented the value if t...

8. QN v C Ltd [2022] NZDT 209 (22 May 2022) [pdf, 216 KB]

   ...value of approximately $700 and it is unreasonable for the applicant to claim repairs of approximately $3,000.00. The respondent claims this repair cost is not commensurate with the value of the work contracted for. [20] The applicant relies upon the Consumer Guarantees Act. [21] The transaction is governed by the law of contract and the Consumer Guarantees Act 1993 (the Act) because the goods and services supplied by the respondent to the applicant were of the kind ordinarily required...

9. BM v OZ Ors [2024] NZDT 109 (5 February 2024) [pdf, 215 KB]

   ...were present. Did OZ in trade make a false or misleading representation that the Unit had a 6 year warranty or otherwise engage in misleading and deceptive conduct, or supply a Unit that was not of an acceptable quality? 6. 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 are of an acceptable quality, and where goods fail to comply with this guarantee, a consumer has a right of redress aga...

10. KQ & OS v TN Ltd [2024] NZDT 244 (25 March 2024) [pdf, 221 KB]

    ...TN Ltd says it provided them to try to make up for any shortcomings in the decorations for the [pre-wedding event 1], and compensation for stress on the evening in question. 3. The issues to be decided are: a. Has there been a breach of the Consumer Guarantees Act 1993 by TN Ltd? b. If so, what remedy is appropriate? c. Is TN Ltd entitled to any further payment from KQ and OS? Has there been a breach of the Consumer Guarantees Act 1993 by TN Ltd? 4. On the basis of the eviden...