Disputes Tribunal of New Zealand

Contract / Consumer Guarantees Act 1993 (CGA) / Applicant took vintage vehicle to Respondent for work / Respondent agreed to undertake the work / Respondent left Applicant’s vehicle in rain after sandblasting / Applicant claims Respondent did not show the care and skill required under CGA / Applicant claims $6,500.00 in compensation / Held: respondent did not undertake work with due care and skill / Respondent to pay applicant $6,500.00 / Claim upheld.

Contract / Consumer Guarantees Act (CGA) / Respondent manufactured and fitted towbar to Applicant's motorhome / Applicant subsequently used towbar for trailer and bike rack that came lose while driving causing damage / Applicant claims Respondent did not fit towbar with reasonable care and skill and it was not fit for purpose, CGA ss 28, 29 / Held: towbar was not fitted with reasonable care and skill and was not fit for purpose / Respondent to pay Applicant $1,364.00 compensation for damage / Claim granted.

Contract / Consumer Guarantee Act 1993 (CGA) / Fair Trading Act 1986 (FTA) / Respondents ordered carpet for house from Applicant / Two years later Respondents ordered same carpet from Applicant / Applicant sent invoice for $4053 of which Respondents paid $1965 / Upon laying of carpet, Respondents realised new carpet varied in colour from original / Applicants claim remaining amount from invoice / Respondents claim Applicant breached CGA and FTA / Held: there can be no claim under FTA for conduct of manufacturer / Applicant failed guarantee of fitness for particular purpose of Respondents / Respondents to pay Applicants remaining amount of invoice minus 20% discount for breaches under the CGA / Claim partially granted.

Consumer law / Consumers Guarantee Act 1993 (CGA) / Applicant hired a mechanical bull from Respondent / Mechanical bull did not work / Applicant given a partial refund from Respondent / Respondent retained some costs for the delivery of the bull / Applicant claimed $350.00 for outstanding refund / Held: mechanical bull did not provide the service needed on the night / Different reasons why the bull could have failed  / Respondent breached his obligations under the CGA / Failure was of a substantial character / Applicant entitled to a refund for remainder of the amount / Respondent ordered to pay $350.00 / Claim allowed.

Consumer Law / Consumer Guarantees Act 1993 (CGA) / Disputes Tribunal Act 1988 / Applicant acquired the services of the Respondent (an arborist) about tree work to be done on property / Applicant claims that the Respondent did not complete work as instructed and without reasonable care and skill / Applicant claims for Respondent to pay the all or any of the costs / Respondent claims for invoice to be paid / Respondent claims for Applicant to pay the legal fees / Held: respondent removed more trees than instructed and without the Applicant's authority or consent / Respondent performed the work with reasonable care and skill under s 28 of the CGA / Respondent breached the contract and is liable to pay compensation for damages / Applicant is liable to pay the incoive under the terms agreed as the quality of workmanship itself do not render costs unpayable / The contract did not include liability for the Respondent to pay legal costs incurred / Section 43 of the Disputes Tribunal prevents …

Contract / Consumer Guarantees Act 1993 (CGA) / Accident Compensation Act 2001 (ACA) /  Applicant engaged the services of the respondent to colour her hair / Respondent coloured the hair of the applicant / Applicant claims that this colouring caused damage to their hair and a burnt scalp as the work was not undertaken with a reasonable care and skill / Respondent claims that this transaction was not covered under the CGA as it was a “one between friends” / Applicant claims $660.50 in compensation / Held: The colouring caused chemical damage to the applicant’s hair and scalp / Held: The transaction was professional in nature, and not one between friends / Held: Respondent must pay the applicant a total of $550.50 in compensation, including a refund and other expenses that were not covered by the ACA / Claim partially upheld

Contract / Consumer Guarantees Act 1993 (CGA) / Applicant purchased a tumble dryer (dryer 1) for their rental property / Dryer 1 developed a heating fault / The applicant contacted the respondent for repair or replacement / The respondent was unsure as to whether or not the applicant had purchased dryer 1 from them / The respondent replaced the dryer with a second one (dryer 2) / Dryer 2 developed problems with overheating / Applicant complained to respondent / Respondent arranged for dryer 2 to be repaired / Applicant claims dryer 1 was purchased from the respondent / Applicant claims $6,000.00 in compensation / Held: On the balance of evidence the applicant was unable to prove that dryer 1 was purchased from the respondents / Held: dryer 2 was covered by the CGA, but as dryer 1 could not be proved to be purchased from the respondent then the applicant had effectively received a dryer free of charge / Claim Dismissed

Contract / Consumer Guarantees Act 1993 (CGA) / Applicant purchased DIY electric gate motor from Respondent for $676 / Motor supplied pre-wired for battery power with installation instructions and manual showing two different power supply options / Applicant connected motor to AC power supply not battery / Gate did not move and motor smoked when checked / Applicant returned motor / Respondent did not find any problems with motor and returned it / Applicant hired electrician who found motor supplied without cable needed to connect to AC instead of battery / Applicant claims replacement motor, refund of $105 shipping fee and payment for $300 electrician fees / Held: motor supplied acceptable quality under CGA / problems were because it was connected to AC power when wired for battery power / Held: Respondent did not make false or misleading representations when advertising motor /  nothing untrue in the advertising / described as DIY product and came with thorough instructions / Claim di…

Contract / Consumer Guarantees Act 1993 (CGA) / Applicant contracted Respondent to make a 21st birthday cake / Applicant provided details for the cake design including a request for marbled filling/ Cake was not marbled and Applicant was disappointed with cake provided  / Applicant was offered a refund but chose to take the cake / Whether Respondent iced the cake with reasonable care and skill in accordance with the agreement / Whether Applicant was entitled to a refund / Held: lack of marbling does not justify a refund nor does it devalue the cake / Cake was iced in accordance with instructions / Not satisfied that the Respondent breached her obligations under the contract or the CGA / Applicant deemed to have accepted the cake by taking possession of it after being offered a refund / No refund justified / Claim dismissed.

Contract / Consumer Guarantees Act 1993 (CGA) / Applicant booked swimming lessons for daughters / Due to a Covid-19 lockdown Respondent cancelled the lessons / Respondent offered the Applicant credit, but they declined this / Applicant claimed refund under CGA / Held: Respondent had no option but to cancel lessons following the Covid-19 pandemic lockdown / Cancellation reason was completely outside the control of the parties / Where there is a failure to comply with guarantees under CGA as a result of events outside the control of the supplier, the consumer has no right of redress against the supplier / Evidence did not establish a breach of guarantees under the CGA/ Claim dismissed.

Contract / Transport / Consumer Guarantees Act 1993 (CGA) /  Applicant travelled on long distance bus service / Applicant unhappy on grounds that service was late, poor driving, and lack of air-conditioning / Applicant claimed refund of $66 ticket price / Whether Respondent carried out services with reasonable care and skill / What sum, if any, Respondent must pay to Applicant / Held: bus delay outside Respondent's control / Applicant did not suffer loss due to 10 minute delay / Insufficient evidence that Respondent’s driver failed to exercise reasonable care and skill / Reasonable to expect air conditioning to be working on a long trip / Air conditioning issue a failure under s 28 of the CGA / Applicant chose to remain on bus rather than cancelling contract due to lack of air conditioning / Applicant still received value from trip since main purpose was to get to his intended destination / If a consumer purchased a ticket knowing the air conditioning was not working they might expect …

Consumer law / Contract / Consumer Guarantees Act 1993 (CGA) / Applicant bought an automotive car item from Respondent / Item did not run correctly once installed in the car / Respondent gave a refund / Applicant claims the cost of the item, mechanic fees and time spent in preparation for hearing / Held: CGA applies / Respondent had the opportunity to inspect the item before providing a refund / Due to the circumstances, it could not be determined whether the item was faulty / Applicant can claim for reasonable consequential losses / Disputes Tribunal cannot award costs for hearing preparations / Respondent ordered to pay Applicant $107.61 / Claim partly allowed.