Disputes Tribunal of New Zealand

Contract / Consumer Guarantees Act 1993 (CGA) / Applicants hired rental car from Respondent using online booking platform / Car was damaged by third party / Applicants returned vehicle and provided third party’s details to Respondent / Respondent charged Applicants $5,022.50 for insurance excess, indicated refund available if Applicants contacted booking platform / Booking platform advised insurance policy was with Respondent, Respondent should be contacted for refund / Applicants made numerous attempts to follow up but Respondent had not refunded excess / Applicants claimed $6,322.50 for the excess, credit card surcharge and costs related to resolving dispute / Held: rental contract provided basic insurance coverage with $4900 excess, refundable if hirer not at fault or third party admitted liability / Respondent breached CGA by failing to make reasonable effort to resolve matter in reasonable time / Respondent breached contract by failing to follow up with third party / Filing fee or…

Consumer Law / Consumer Guarantees Act 1993 (CGA) / Applicant purchased bidet in 2021 / Bidet malfunctioned in 2024 / Applicant claimed $787.95 for removal, repair, and reinstallation / Applicant claimed Respondent told her that the warranty had expired and repairs were not covered / Respondents stated they had responded to an initial enquiry from a third party and gave information about the estimated costs of repair / Applicant then obtained services of her own choice from the installer / Respondent denied they should be liable for the costs / Respondent did not accept the CGA applied to the bidet repairs given the time passed since it was purchased and installed / Held: manufacturer’s estimate of the bidet’s life expectancy was approximately 10-12 years / Faulty part of the bidet was not of acceptable quality as only lasted three years / CGA entitled a consumer to have the failure remedied / CGA also permitted additional compensation to be paid where other loss or damage to the consu…

Contract / Consumer Guarantees Act 1993 (CGA) / Applicant paid $1776.75 to Respondent for five cubic meters of concrete / Concrete arrived late and was too dry for laying / Applicant rejected the concrete and sought compensation / Applicant claimed $1,776.75 for costs of concrete, $1,552.50 for the cost of contractors, and $750 for his time and general damages / Held: Concrete was too dry at time of delivery and was not fit for purpose / This constituted a failure of substantial character under the CGA / Applicant entitled to reject concrete and claim a refund for amount paid / Applicant entitled to compensation for two hours of contractors’ time, being $154.75 and $80.50 / Applicant entitled to $143.14 for time he had to take off work for concrete to be laid / General damages not able to be awarded / Respondent ordered to pay Applicant $2,155.14 / Claim allowed in part.

Consumer law / Consumer Guarantees Act 1993 (CGA) / Applicant bought second-hand vehicle from Respondent / Vehicle broke down a year later / Car was repaired and water pump needed replacing / Applicant claimed for reimbursement of $634.13 repair cost / Held: water pump failed more than a year after vehicle was purchased / Respondent dealer’s responsibilities under CGA had come to an end / Claim dismissed.

Contract / Consumer Guarantees Act 1993 (CGA) / Applicant engaged First Respondent to remove asbestos from property / Applicant claimed First Respondent's work was substandard with safety issues / Applicant claimed $30,000 loss / Held: First Respondent did not carry out removal and clearance of asbestos with reasonable care and skill / Third Respondent breached guarantee afforded by CGA by not conducting Four stage clearance assessment of Class A materials and visual clearance of planned and approved removal of Class B materials with reasonable care and skill / Applicant could not remedy failure / Failure of substantial character / Applicant entitled to refund of costs paid and consequential losses / Respondent ordered to pay Applicant $26,320.25 / Claim allowed.

Consumer law / Consumer Guarantees Act 1993 (CGA) / Contract and Commercial Law Act 2017 / Applicant had a business making and selling spirits / Applicant bought a pallet of spirit bottles from Respondent for packaging its product / Applicant claimed bottles were defective because of an irregularity at the base of the bottles which was visually unacceptable / Applicant claimed $5,500.00 in damages / Held: bottles were for commercial use so CGA did not apply to their sale / Bottles were of merchantable quality / Bottles were of a quality and state to be saleable to a reasonable purchaser / Claim dismissed.

Negligence / Consumer Guarantees Act 1993 (CGA) / Applicant purchased some sound equipment from a seller advertised on Respondent’s website / Applicant did not receive the goods / Applicant later discovered seller had been removed by Respondent from its site / Applicant subsequently learned site had been subject of a phishing scam / Applicant claimed Respondent was negligent and or breached CGA by failing to inform him the seller was a scam / Applicant claimed $720.00 from Respondent / Held: Applicant’s claim in negligence was for economic loss not for loss or destruction of property, therefore outside Tribunal’s jurisdiction to hear claims in tort / Respondent’s contractual terms and conditions went to some lengths to explain Respondent was not responsible for things beyond its control / Scam was clearly example of something beyond Respondent’s control / Respondent provided services with reasonable care and skill / Claim dismissed.

Consumer law / Consumer Guarantees Act 1993 (CGA) / Applicants planned to travel on one of the Respondent’s ferries / Applicants advised evening before travelling that sailing was cancelled due to a serious incident / Respondent provided full refund of ferry fare / Applicants sought damages of $1,651.81 for costs stemming from cancellation of ferry at short notice / Held: damages can be awarded to cover reasonable foreseeable losses resulting from Respondent’s failure to comply with the CGA / Awarded damages of $144.97 for costs of return flights, $553 for car hire, $82.50 for airport carparking, $45 for uber / Costs of food, pharmacy purchase, and $640 for time spent rearranging travel were too remote and not foreseeable losses / Respondent ordered to pay $1,075.47 / Claim allowed in part.

Consumer law / Consumer Guarantees Act 1993 (CGA) / Applicant purchased pair of shoes / Applicant claimed refund and other compensation on basis that shoes were not of acceptable quality nor properly fitted, in breach of CGA / Held: Applicant was provided with shoes in requested sizes, and made her own determination that the shoes purchased fitted her / Shoe fitting service was provided with reasonable care and skill / Applicant failed to prove shoes were of defective quality / Tort of conversion satisfied but Applicant did not suffer loss as a result / Claim dismissed.

Consumer law / Consumer Guarantees Act 1993 (CGA) / Applicant bought kitchen tap from First Respondent / Kitchen tap began leaking and Applicant sought First Respondent to replace it / Second Respondent replaced Applicant's tap as provider to First Respondent / Applicant claimed installation cost from Respondents / Held: kitchen tap not fit for purpose due to leaking / Respondents remedied the failure of acceptable quality and fitness for purpose by replacing the tap / Tap installation cost was reasonably foreseeable as liable to result from the failure pursuant to the CGA / Respondents ordered to pay Applicant $120 / Claim allowed.

Consumer law / Fair Trading Act 1986 (FTA) / Consumer Guarantees Act 1993 (CGA) / Applicant booked rental car with First Respondent using Second Respondent’s website, paid $18.02 deposit / When collecting car, Applicant was advised by First Respondent of $150 surcharge due to Applicant’s age / Applicant refused to pay surcharge as it had not been advised at time of booking, sought refund of deposit / Refund initially refused, but later paid after claim filed / Applicant sought $90 for Tribunal filing fee and $2500 damages for stress and inconvenience / Held: Second Respondent misled Applicant as to price of rental car, breaching FTA / First Respondent was not responsible for content on website, so had not breached FTA / First Respondent failed to provide customer service with reasonable care and skill, breaching CGA / Immediate loss suffered by Applicant was $18.02, which had been refunded / No further compensation payable / Claim dismissed.

Insurance contract / Consumer Guarantees Act 1993 (CGA) / Applicant cancelled insurance policy with Respondent / Applicant claimed he had been treated poorly by Respondent and that Applicant was provided with incorrect refund amounts / Applicant claimed $30,000 refund and for distress and harassment / Held: insurance was for a commercial vehicle insurance which is a product for a consumer in trade / CGA did not apply / Commercial vehicle insurance not a contract to provide peace of mind or prevent distress / Applicant not entitled to damages for distress and harassment / No evidence that Respondent harassed Applicant / Respondent simply made mistakes / Claim dismissed.

Contract / Consumer Guarantees Act 1993 (CGA) / Applicant purchased puppy from Respondent for $5000.00 / Purchase agreement included list of conditions for which health guarantee was not provided / Six months after purchase, puppy started to display abnormal movements, confirmed by vet to be severe dysplasia / Applicant claimed full refund, but wanted to keep puppy as strong family bond had formed / Held: evidence insufficient to show puppy was not of acceptable quality / Hip dysplasia was a well-known issue with this breed / “Loose hips” was included in list of common conditions for which health guarantee was not provided in the agreement / No breach of CGA found / Claim dismissed.