Reprint as at 1 April 2008

Consumer Guarantees Act 1993

Public Act	1993 No 91
Date of assent	20 August 1993

Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this eprint.

A general outline of these changes is set out in the notes at the end of this eprint, together with other explanatory material about this eprint.

This Act is administered in the Ministry of Commerce

Title

1 Short Title and commencement

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

6 Guarantee as to acceptable quality

7 Meaning of acceptable quality

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

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

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

47 Jurisdiction

Amendment to Sale of Goods Act 1908

48 Exclusion where Consumer Guarantees Act 1993 applies

56A

Amendment to Hire Purchase Act 1971

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

108

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

An Act to amend the law relating to—

(a) The guarantees given, or deemed to be given, to consumers upon the supply of goods or services; and

(b) The rights of redress against suppliers and manufacturers in respect of any failure of goods or services to comply with any such guarantees

BE IT ENACTED by the Parliament of New Zealand as follows:

New Zealand Legislation: Acts

Consumer Guarantees Act 1993 No 91 (as at 01 April 2008), Public Act

Consumer Guarantees Act 1993

Note

Contents