Consumer Guarantees Act 1993

Reprint as at 17 June 2014

Consumer Guarantees Act 1993

Public Act1993 No 91
Date of assent20 August 1993
Commencementsee section 1(2)

Note

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.


Contents

Title [Repealed]

1 Short Title and commencement

1A Purpose

2 Interpretation

3 Act to bind the Crown

4 Act not a code

Part 1
Guarantees in respect of supply of goods

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

General provisions

14 Provisions relating to manufacturers' express guarantees

15 Contracts of work and materials

Part 2
Right of redress against suppliers in respect of supply of goods

Right of redress against suppliers

16 Circumstances where consumers have right of redress against suppliers

17 Exception in respect of guarantee as to acceptable quality

Remedies

18 Options against suppliers where goods do not comply with guarantees

19 Requirement to remedy

Provisions relating to rejection of goods

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
Right of redress against manufacturers in respect of supply of goods

Right of redress against manufacturers

25 Circumstances where consumers have right of redress against manufacturers

26 Exceptions to right of redress against manufacturers

Remedies

27 Options against manufacturers where goods do not comply with guarantees

Part 4
Supply of services

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

Right of redress against suppliers where services fail to comply with guarantees

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

Provisions relating to cancellation

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
Miscellaneous provisions

Exceptions

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

General provisions

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

Amendment to Sale of Goods Act 1908

48 Exclusion where Consumer Guarantees Act 1993 applies

Amendment to Hire Purchase Act 1971

[Repealed]

49 Exclusion where Consumer Guarantees Act 1993 applies [Repealed]

Amendments to Motor Vehicle Dealers Act 1975

50 Application of Motor Vehicle Dealers Fidelity Guarantee Fund

51 Jurisdiction of Disputes Tribunal

52 Referral of certain disputes to Disputes Tribunal

Amendments to Contractual Remedies Act 1979

53 Assignees

54 Savings

Amendment to Building Act 1991

55 Fair Trading Act 1986 and Consumer Guarantees Act 1993 not affected

Application of Act

56 Application of Act

Reprint notes


Title  [Repealed]

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