Disputes Tribunal of New Zealand

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.

Contract / Consumer Guarantees Act 1993 (CGA) / Applicant purchased washing machine from First Respondent / Washing machine broke down within short period / Applicant approached First Respondent who put them in contact with Second Respondent / Second Respondent took away washing machine and refunded some of purchase price / Refund delayed for some time / Applicant was without a washing machine and had to make numerous trips to laundrette / During Covid-19 restrictions Applicant was unable to access laundrette / Applicant went to First Respondent numerous times for resolution / Applicant claimed breach of guarantee of acceptable quality under CGA / Applicant claimed damages for refund or replacement, consequential financial losses and consequential losses in form of emotional harm / Applicant claimed $30,000 to be paid equally by the Respondents / Held: breach of guarantee of acceptable quality / First Respondent to pay Applicant $119.00 refund / Emotional harm damages cannot be claimed…

Consumer Guarantees Act 1993 (CGA) / Respondent provided immediate and conventional denture to Applicant / Applicant claims neither denture of acceptable quality or fit for purpose / Applicant claims reimbursement of $2,502.00 / Was immediate denture of acceptable quality? / Was conventional denture of acceptable quality? / If not, is Applicant entitled to reimbursement / Held: immediate denture was of acceptable quality per s 7 CGA / Held: conventional denture not of acceptable quality / Held: Applicant not entitled to refund for immediate denture; entitled to refund of $650.00 for conventional denture plus mileage costs / Respondents ordered to pay Applicant $662.00 / Claim allowed in part.  

Contract / Consumer Guarantees Act 1993 (CGA) / Respondent relocated water meter on Applicants rental property, a leak developed / Respondent agreed to fix leak and provide leak allowance for lost water / Applicants reported further leak, Respondent carried out repairs / Respondent provided further leak allowances and partially paid for water use invoices and charged Applicants for remaining cost / Applicants claim amount charged for estimated water usage excessive / Applicants claim $5,000 for declaration of non-liability on outstanding invoice of $1,056.80 plus damages for distress and time spent resolving matter / Held: Applicant not liable to pay Respondent $289.80 / Respondent overestimated usage / Insufficient evidence of quantifiable loss to award damages / Claim allowed

Contract / The Building Act 2004 / Consumers Guarantees Act 1993 / Applicant purchased house from Second Respondent / Respondent Director of Second Respondent / House built and warranty issued by Third Respondent / Applicant claims for defective painting and defective sewer pump / What were terms of contract / Whether the CGA applies to the build / Whether sewer pump fit for purpose / Whether reasonable care and skill exercised in painting and was it fit for purpose / Whether failure to transfer warranty on time / Whether Respondent personally liable / Whether defects covered by warranty / Whether Appellant entitled to relief / Held: both the Builder under the Project Management contract and the developer are liable for any breach of implied statutory warranty under the Building Act concerning any failure to exercise reasonable care and skill in providing painting service / Held: sewer pump is a good under the CGA / Must be of acceptable quality and fit for purpose under ss 6 and 8 CGA…

Contract / Consumer Guarantees Act 1993 / Applicants engaged Respondent to carry out electrical work for water pump on new water bore in 2017 / Applicants had ongoing problems with pump which burnt out in 2020 / Applicants claimed Respondents made various mistakes in electrical work resulting in the pump failing / Applicants claimed damages of $6,200.80 from Respondents / Whether subcontractors damaged the pipes / Whether Applicants were charged for incorrect cable and correct cable, if so should some or all costs be refunded / Whether Respondent used wrong type of flex to extend pump lead / Whether Respondent did not carry out services with reasonable care and skill and/or whether the services/product reasonably fit for purpose under ss 28, 29 CGA / Whether Applicants entitled to remedy / Respondent agreed subcontractors damaged pipe / Held: Respondent should have replaced incorrectly installed cable without charge / Incorrect flex used / Respondent failed to carry out services with r…