Consumer Guarantees Act 1993

• Jurisdiction: New Zealand
• Citation: 1993 No 91
• Reference: 1993 No 91
• Record Number: DLM311052
• Act Number: 91
• Type of Document: Act

Contenidos

• Consumer Guarantees Act 1993
• Preamble
• Contents
• 1 Short Title and commencement
• 1A Purpose
• 2 Interpretation
• 3 Act to bind the Crown
• 4 Act not a code
• Part 1
• 5 Guarantees as to title
• 5A Guarantee as to delivery
• 6 Guarantee as to acceptable quality
• 7 Meaning of acceptable quality
• 7A Guarantee of acceptable quality in supply of gas and electricity
• 7B Relationship of section 7A with rest of Act
• 8 Guarantees as to fitness for particular purpose
• 9 Guarantee that goods comply with description
• 10 Guarantee that goods comply with sample
• 11 Guarantee as to price
• 12 Guarantee as to repairs and spare parts
• 13 Express guarantees
• 14 Provisions relating to manufacturers' express guarantees
• 15 Contracts of work and materials
• Part 2
• 16 Circumstances where consumers have right of redress against suppliers
• 17 Exception in respect of guarantee as to acceptable quality
• 18 Options against suppliers where goods do not comply with guarantees
• 19 Requirement to remedy
• 20 Loss of right to reject goods
• 21 Failure of substantial character
• 22 Manner of rejecting goods
• 23 Consumers' options of refund or replacement
• 23A Goods subject to collateral credit agreement
• 24 Rights of donees
• Part 3
• 25 Circumstances where consumers have right of redress against manufacturers
• 26 Exceptions to right of redress against manufacturers
• 27 Options against manufacturers where goods do not comply with guarantees
• Part 4
• 28 Guarantee as to reasonable care and skill
• 29 Guarantee as to fitness for particular purpose
• 30 Guarantee as to time of completion
• 31 Guarantee as to price
• 32 Options of consumers where services do not comply with guarantees
• 33 Exceptions to right of redress against supplier in relation to services
• 34 Contracts of work and materials
• 35 Application of right to cancel contract
• 36 Failure of substantial character
• 37 Rules applying to cancellation
• 38 Effects of cancellation
• 39 Ancillary power of court or Disputes Tribunal to grant relief
• 39A Services subject to collateral credit agreement
• 40 Saving
• Part 5
• 41 Exceptions
• 42 Exception in respect of repairs and parts
• 43 No contracting out except for business transactions
• 43A Exclusion of liability in favour of non-contracting supplier
• 44 Assessment of damages in case of hire purchase agreements
• 45 Liability for representations
• 46 Liability of assignees and creditors
• 46A Indemnification of gas and electricity retailers
• 47 Jurisdiction
• 48 Exclusion where Consumer Guarantees Act 1993 applies
• 49 Exclusion where Consumer Guarantees Act 1993 applies
• 50 Application of Motor Vehicle Dealers Fidelity Guarantee Fund
• 51 Jurisdiction of Disputes Tribunal
• 52 Referral of certain disputes to Disputes Tribunal
• 53 Assignees
• 54 Savings
• 55 Fair Trading Act 1986 and Consumer Guarantees Act 1993 not affected
• 56 Application of Act
• 1 General
• 2 Legal status
• 3 Editorial and format changes
• 4 Amendments incorporated in this reprint

Consumer Guarantees Act 1993

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Ministry of Business, Innovation, and Employment.

Preamble

Title Title: repealed, on 18 December 2013, by section 4 of the Consumer Guarantees Amendment Act 2013 (2013 No 144).

Contents

1 Short Title and commencement

This Act may be cited as the Consumer Guarantees Act 1993.

This Act shall come into force on 1 April 1994.

1A Purpose

The purpose of this Act is to contribute to a trading environment in which—

1. the interests of consumers are protected; and

2. businesses compete effectively; and

3. consumers and businesses participate confidently.

To this end, the Act provides that consumers have—

certain guarantees when acquiring goods or services from a supplier, including—

1. that the goods are reasonably safe and fit for purpose and are otherwise of an acceptable quality; and

2. that the services are carried out with reasonable care and skill; and

2. certain rights of redress against suppliers and manufacturers if goods or services fail to comply with a guarantee.

Section 1A: inserted, on 18 December 2013, by section 5 of the Consumer Guarantees Amendment Act 2013 (2013 No 144).

2 Interpretation

In this Act, unless the context otherwise requires,—

acquire,—

1. in relation to goods, means obtain by way of gift, purchase, or exchange; and also means take on lease, hire, or hire purchase:

2. in relation to services, includes accept

business means—

1. any undertaking whether carried on for gain or reward or not; or

any undertaking in the course of which—

1. goods or services are acquired or supplied; or

2. any interest in land is acquired or disposed of—

consumer means a person who—

1. acquires from a supplier goods or services of a kind ordinarily acquired for personal, domestic, or household use or consumption; and

does not acquire the goods or services, or hold himself or herself out as acquiring the goods or services, for the purpose of—

1. ...