Consumer Guarantees Act 1993 Cheat Sheet

The Consumer Guarantees Act 1993 provides New Zealand consumers with rights ensuring goods and services are of acceptable quality, match descriptions, and are fit for purpose, with clear remedies for breaches.

Core Principles

  • Goods must be of acceptable quality (safe, durable, defect-free).
  • Goods must match their description and advertised qualities.
  • Goods must be fit for any specific purpose communicated to the seller.
  • Services must be performed with reasonable care and skill.
  • Services must be completed within a reasonable time.
  • Services must be provided at a reasonable cost (unless otherwise agreed).
  • Consumers can seek remedies directly from suppliers.
  • Businesses cannot contract out of the Act for consumer transactions.
  • Act primarily protects goods/services for personal use.
  • Act generally does not apply to business-to-business purchases.

Key Terms

  • Acceptable Quality: Goods must be safe, durable, free from defects, and suitable for their normal purpose.
  • Reasonable Care and Skill: Services must be performed with the level of expertise expected in the industry.
  • Remedies: Actions consumers can take when guarantees are breached (e.g., repair, replacement, refund).
  • Minor Issue: A problem that can be fixed easily and quickly.
  • Substantial Issue: A problem that cannot be fixed easily, substantially affects the suitability of the goods/service, or makes it unsafe.

Real World Examples

  • A newly purchased toaster stops working after one week.: Consumer can claim remedies (repair, replacement, refund) as the goods are not of acceptable quality.
  • A plumber charges significantly more than initially quoted without prior agreement.: Consumer can seek a refund for the excess cost as the service was not provided at a reasonable cost.
  • A 'waterproof' watch leaks during normal use.: Consumer can claim remedies as the goods do not match their description or are not fit for their normal purpose.
  • A tradesperson leaves a job unfinished.: Consumer can claim remedies as the service was not completed within a reasonable time.

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