Consumer Guarantees Amendment Act 2003

Consumer Guarantees Amendment Act 2003

Public Act2003 No 33
Date of assent7 July 2003

The Parliament of New Zealand enacts as follows:

1 Title
  • (1) This Act is the Consumer Guarantees Amendment Act 2003.

    (2) In this Act, the Consumer Guarantees Act 1993 is called the principal Act.

2 Commencement
  • This Act comes into force on the day after the date on which it receives the Royal assent.

3 Interpretation
  • Section 2(1) of the principal Act is amended by repealing the definitions of the terms goods, service, and supplier, and substituting, in their appropriate alphabetical order, the following definitions:

    goods

    • (a) means personal property of every kind (whether tangible or intangible), other than money and choses in action; and

    • (b) includes—

      • (i) goods attached to, or incorporated in, any real or personal property:

      • (ii) ships, aircraft, and vehicles:

      • (iii) animals, including fish:

      • (iv) minerals, trees, and crops, whether on, under, or attached to land or not:

      • (v) gas and electricity:

      • (vi) to avoid doubt, water and computer software; but

    • (c) despite paragraph (b)(i), does not include a whole building, or part of a whole building, attached to land unless the building is a structure that is easily removable and is not designed for residential accommodation

    services

    • (a) includes any rights (including rights in relation to, and interests in, personal property), benefits, privileges, or facilities that are, or are to be, provided, granted, or conferred by a supplier; and

    • (b) includes (without limitation) the rights, benefits, privileges, or facilities that are, or are to be, provided, granted, or conferred by a supplier under any of the following classes of contract:

      • (i) a contract for, or in relation to, the performance of work (including work of a professional nature), whether with or without the supply of goods:

      • (ii) a contract for, or in relation to, the provision in trade of facilities for accommodation, amusement, the care of persons or animals or things, entertainment, instruction, parking, or recreation:

      • (iii) a contract of insurance, including life assurance and life reassurance:

      • (iv) a contract between a bank and a customer of the bank:

      • (v) a contract for, or in relation to, the lending of money or granting of credit, or the making of arrangements for the lending of money or granting of credit, or the buying or discounting of a credit instrument, or the acceptance of deposits:

      • (vi) a contract for, or in relation to, the supply of electricity, gas, telecommunications, or water, or the removal of waste water; but

    • (c) does not include—

      • (i) any rights, benefits, privileges, or facilities that are, or are to be, provided, granted, or conferred by a supplier by simply paying or crediting any money to the consumer without the performance of any other task (other than one that is merely incidental to the making of the payment or credit); and

      • (ii) rights or benefits in the form of the supply of goods or the performance of work under a contract of service

    supplier

    • (a) means a person who, in trade,—

      • (i) supplies goods to a consumer by—

        • (A) transferring the ownership or the possession of the goods under a contract of sale, exchange, lease, hire, or hire purchase to which that person is a party; or

        • (B) transferring the ownership of the goods as the result of a gift from that person; or

        • (C) transferring the ownership or possession of the goods as directed by an insurer; or

      • (ii) supplies services to an individual consumer or a group of consumers (whether or not the consumer is a party, or the consumers are parties, to a contract with the person); and

    • (b) includes,—

      • (i) where the rights of the supplier have been transferred by assignment or by operation of law, the person for the time being entitled to those rights:

      • (ii) a financier, within the meaning of the Credit Contracts Act 1981, who has lent money on the security of goods supplied to a consumer if the whole or part of the price of the goods is to be paid out of the proceeds of the loan and if the loan was arranged by a person who, in trade, supplied the goods:

      • (iii) a person who, in trade, assigns or procures the assignment of goods to a financier within the meaning of the Credit Contracts Act 1981 to enable the financier to supply those goods, or goods of that kind, to the consumer:

      • (iv) a person who, in trade, is acting as an agent for another, whether or not that other is supplying in trade; and

    • (c) for the avoidance of doubt in the following circumstances, means only,—

      • (i) in the case of a supply of electricity as a good, the retailer of the electricity with whom the consumer has a contract; and

      • (ii) in the case of a supply of electricity line function services, the distributor who owns or operates the line that is connected to the consumer's premises; and

      • (iii) in the case of other services relating to electricity, the person who provides that service to the consumer.

4 Options of consumers where services do not comply with guarantees
  • Section 32(b) of the principal Act is amended by repealing subparagraph (i), and substituting the following subparagraph:

    • (i) subject to section 35, if there is a contract between the supplier and the consumer for the supply of the service, cancel that contract in accordance with section 37; or.

5 No contracting out except for business transactions
  • (1) Section 43(1) of the principal Act is amended by omitting the words 40 and 41 of this Act, and substituting the expression 40, 41 and 43A.

    (2) Section 43(4) of the principal Act is amended by omitting the words of this section, and substituting the words or section 43A.

6 New section 43A inserted
  • The principal Act is amended by inserting, after section 43, the following section:

    43A Exclusion of liability in favour of non-contracting supplier
    • (1) An agreement of the kind referred to in section 43(2) may exclude any provision of this Act that applies to a non-contracting supplier of services to the consumer with whom the agreement is made.

      (2) The non-contracting supplier has the benefit of the exclusion.


Legislative history

1 July 2003Divided from Consumer Protection (Definitions of Goods and Services) Bill (Bill 154-2), third reading