Disputes Tribunal of New Zealand

Consumer law / Consumer Guarantees Act 1993 (CGA) / Applicant purchased dining table and chairs from Respondent for $693 / Within months, all chairs showed fabric wear and tear where chair backs contacted table edge when pushed underneath / Applicant sought remedy from Respondent but they denied responsibility / Applicant claimed $693 refund / Held: chairs did not fail to comply with acceptable quality guarantees under CGA / Under CGA goods will not fail to comply with guarantees if they have been used in an unreasonable manner / Chairs could be used and stored without making contact with table / The wear resulted from chairs being repeatedly pushed into the stone table, which constituted unreasonable use / Respondent had no duty to provide warning as common sense fabric will wear quickly if regularly pushed against stone surface / Claim dismissed.

Contract / Consumer Guarantees Act 1993 (CGA) / Applicant engaged Respondent to fix draughty door / Applicant paid Respondent $470.35 / Problem later reoccurred / Respondent gave assurances it would resolve problem / Respondent arranged to attend on seven different occasions, but failed to do so / Applicant claimed $531.25 for refund and compensation for Tribunal filing fee / Held: reasonable skill and care was not used when servicing the door / Respondent had not complied with obligations under CGA / Conditions not met to award Tribunal filing fee / Respondent ordered to pay Applicant $470.35 / Claim allowed

Consumer law / Consumer Guarantees Act 1993 (CGA) / Applicant purchased Respondent’s battery system from third party / Battery failed after eight years of use / Applicant contacted third party and their agent but received no remedies / Respondent refused liability as batteries not meant to be sold as retail products / Batteries were irreparable and disposed / Applicant claimed $7,419.15 for inspection, disposal and unused battery life / Held: Respondent not liable because it did not intend for batteries to be sold as retail products / Respondent under belief that third party would maintain and service the batteries / Batteries not of acceptable quality / However, manufacturer liability under CGA not applicable for Respondent / Applicant did not notify Respondent of failure within reasonable time / Delay prejudiced Respondent’s ability to assess problem or offer remedy / Claim dismissed.

Consumer law / Consumer Guarantees Act 1993 (CGA) / Disputes Tribunal Act 1988 (DTA) / Respondent engaged to replace seized hinges on Applicant’s malfunctioning gate / One month later, gates began to dip and hit ground / Applicant believed hinges were not bolted properly and claimed refund of $819.38 plus filing fee / Respondent counterclaimed costs of site visit, interest, administrative time and filing fee / Held: gates had broader structural issues not caused by Respondent / Respondent could not prove they informed Applicant of issues affecting whether hinge replacement could achieve desired outcome / Respondent’s service not fit for purpose and breached CGA guarantee / Failure of guarantee cannot be remedied as repair undertaken provided no value or benefit / Applicant entitled to full refund of $819.38 / Filing fee not awarded as per DTA / Claim allowed in part / Counterclaim dismissed.   

Contract / Consumer Guarantees Act 1993 ‘CGA’ / Applicant bought campervan from Respondent / Applicant had many issues with campervan after purchase / Respondent states that campervan was defective when it was sold / Applicant claims refund of purchase price of $15,900, unpaid road user charges of $241, tyre replacement costs of $148, and $1,711 for emotional distress / Held: Section 6 CGA states that goods need to be of an acceptable quality and fit for its intended purpose / Section 7 states that to determine whether a good was of acceptable quality surrounding context of sale and nature of good must be taken into account / Campervan was well used / During inspection, inspection company had noted various maintenance issues / Vehicle was fit for purpose and of acceptable quality / Respondent to pay Applicant $241 for road user charges / Claim accepted in part. 

Consumer law / Consumer Guarantees Act 1993 (CGA) / Applicant engaged Respondent to install heat pump / Unit was installed on roof above bedroom / Applicant had been concerned about potential noise but Respondent told him unit could be moved if necessary / After installation, Applicant found unit too noisy and requested it be moved / Disagreement arose on the cost of the move / Applicant claimed refund of $2,000 / Held: Applicant not entitled to refund / Respondent installed unit as provided / Location was confirmed with Applicant before installation / Work was done and Applicant liable to pay / Insufficient evidence Respondent breached CGA / Even if there was breach, Applicant refused remedial steps offered by Respondent / Applicant not liable to make further payment to Respondent / Parties reached agreement that remaining $399 was not payable until unit had been moved / As unit never moved and in accordance with merits and justice of claim, payment not required / Claim dismissed.   …

Consumer law / Consumer Guarantees Act 1993 (CGA) / Applicants purchased vehicle from First respondent for $15,850 / Vehicle included a pre-purchase appraisal from Second respondent / One year later, Applicants discovered vehicle’s air conditioning was not working and obtained repair quote for $5,985.98 / First respondent was notified and they identified system contained no gas but was not allowed to conduct further testing / Applicants claimed $7,009.98 for air conditioning repair, cost of two tyres and costs of obtaining evidence / Held: no basis for claim against Second respondent as no evidence that air conditioning was not working at time of appraisal / Applicants could not prove vehicle failed the acceptable-quality guarantee under CGA / Tyres had passed WOF a year after purchase / Cause and timing of air-conditioning failure could not be determined due to lack of evidence / Applicants’ infrequent use of system could have caused the problem / Claim dismissed.

Banking / Jurisdiction / Disputes Tribunal Act 1988 / Consumer Guarantees Act 1993 (CGA) / Applicant was scammed by person who purported to be from investment bank / Applicant transferred money from her account to Respondent as she believed it was investment bank’s account / After scam, her bank recovered part of transfer / Applicant awarded compensation after Banking Ombudsman found her bank breached banking standards / Applicant claimed Respondent failed to exercise reasonable care and skill and sought to recover balance of loss / Held: Tribunal had no jurisdiction to hear claim / Tribunal’s jurisdiction limited to contractual and property matters / Applicant did not have account or contract with Respondent / CGA applied to consumers who acquired goods or services from suppliers / Applicant did not acquire services or goods from Respondent / Claim struck out.    

Civil / Contract/ Consumer Guarantees Act 1993 / Applicant hired Respondent to provide roof repairs / Prospective buyer’s property inspection identified defects in Respondent’s repairs / Respondents claimed the repairs were performed to a reasonable standard in the context of agreement / Other builders had advised the Applicant to replace the roof for a much higher quoted price than the Respondent quoted for repairs / Applicant claimed that Respondent failed to deliver on the purpose of providing sufficient repairs to enable sale of the house as buyer withdrew due to roof defects / The Applicant claimed $12,338 in compensation / Respondent’s counter-claimed for overrun hours to the value of $4,058 / Held: Applicant opted for the cost-effective repair option provided by the Respondent / These roof repairs could not be expected to yield the same quality or saleability as a full roof replacement / Repairs did not represent a substantial failure by Respondents / However aspects of the repa…

Consumer Law / Consumer Guarantees Act 1993 ‘CGA’ / Applicant’s order groceries from Respondent / Contractor employed by Respondent delivered groceries / Contractor broke branch from a tree reversing out of Applicant’s driveway / Applicant’s stated that branch created unique arch effect over driveway / Applicant’s claim that property has lost value / Applicant claims $20,000 / Held: Contractor did not provide delivery service with reasonable skill and care / CGA states where there is failure to provide service with reasonable skill and care which cannot be remedied, consumer is entitled to damages for reduction in value of service and damages for any other losses that were reasonably foreseeable / Claim allowed / Respondent liable to pay Applicant $1,200. 

Contract / Tort / Conversion / Consumer Guarantees Act 1993 (CGA) / Applicant owned damaged trailer / Applicant engaged Respondent to tow trailer / Applicant requested repair quote from Respondent which was not provided / Respondent repaired trailer and invoiced Applicant $4,082.43 / Applicant disputed invoice / Respondent offered to reduce invoice if Applicant paid that day otherwise trailer would be sold / Applicant was later notified that trailer had been transferred to new owner / Applicant claimed trailer replacement costs and declaration of non-liability for Respondent's invoice / Held: reasonable for Applicant to expect requested quote / Respondent breached CGA by providing unauthorised service and converting Applicant's goods / Fair to put Applicant in position as if trailer was repaired and returned / Respondent ordered to pay Applicant $3500 / Applicant not liable for Respondent's invoice / Claim allowed

Consumer law / Consumer Guarantees Act 1993 (CGA) / Applicant bought vehicle from Respondent / Applicant felt wheel alignment was off so took vehicle to tyre specialist / They advised Applicant front tyres smaller than manufacturer’s recommended size / Applicant replaced tyres and claimed $1,375 in costs / Held: no breach of CGA proven / Applicant unable to prove vehicle and tyres not of acceptable quality or fit for purpose / Vehicle had passed independent inspections to obtain WOF and registration / If there were tyre problems it would have been identified during inspection / No issues identified was proof tyres of acceptable quality and fit for purpose / Evidence from tyre specialist were limited to note on invoice which was not sufficient to prove safety or handling issues / Even if CGA breach was proven Applicant may still not be entitled to remedy / Applicant replaced tyres immediately without giving Respondent opportunity to remedy / Applicant only entitled to damages if Respond…

Consumer law / Consumer Guarantees Act 1993 (CGA 1993) / Applicant engaged respondent to provide immigration advisory services / Applicant claimed Respondent negligently failed to submit the application and misled her into believing it was being processed / As a result, applicant’s visa expired, requiring her to apply for a section 61 work vis as an overstayer to regain legal status / Respondent refunded its fees, but applicant claimed $8,000 in damages for consequential losses / Held: Respondent failed to carry out services with reasonable care and skill, breaching the CGA 1993 / Claimed losses were reasonably foreseeable consequences of the failure, including costs for a new visa, increased fees, new consultant, medical exam, lost income, and mental distress / Respondent ordered to pay applicant $7,660 by 1 July 2025, Claim allowed.