Consumer Guarantees Act

The Consumer Guarantees Act (CGA) protects consumers by:

allowing you to seek repairs, replacements, or refunds when goods are faulty
setting minimum guarantees for all products and services.

All New Zealand businesses and people in trade must meet their responsibilities under the CGA. This means if you have a problem with a product or service, you can do something about it.

Consumer Guarantees Act (external external link) — Legislation.govt.nz

Your consumer rights in action

Find out more about how the CGA protects consumers.

Visual guide: Your consumer rights in action

Download guide: Your consumer rights in action [PDF, 379 KB]

Listen: Your consumer rights

This audio clip outlines your key rights under the Consumer Guarantees Act:

Understanding your consumer rights — English audio and transcript
Kia mārama ki ō tika kiritaki — Māori audio and transcript
Malamalama i au aiātatau o se tagata faatau — Samoan audio and transcript
Mahino‘i ‘o ho‘o ngaahi totonu fakataú — Tongan audio and transcript

Always ask for advice

Check with the retailer that the item you’re purchasing will do the job you need it for. If you then find that it does not work as described, you should seek a remedy based on it not being “fit for purpose”.

Product guarantees

You may be covered by the Consumer Guarantees Act (CGA) when you buy consumer products usually for personal or household use, but find they:

don't work
break too easily
don't do what you expected them to do.

Product guarantees apply to new or second-hand goods supplied by businesses within New Zealand. This covers all kinds of personal property, including software, animals, and plants.

Products not covered

The CGA does not apply to:

commercial products — goods normally bought for business use, such as farm machinery, or work normally carried out for a business. This includes for resupply in trade or to produce, manufacture or repair other products in trade
money
buildings or parts of buildings attached to land for residential accommodation
products donated by a charity for your benefit
private sales — when you buy from someone not in trade, such as private sellers online and garage sales
products bought by auction or competitive tender (including those bid for online) before 17 June 2014.

Businesses can agree in writing that the CGA doesn't apply if personal or household products are bought for business use, for example, a vacuum cleaner for use in a shop.

If you bought an item online from an overseas seller, the Act might still apply but it becomes much more difficult to resolve issues and enforce your rights.

Online shopping

Your rights when buying products

Both new and second-hand consumer products must meet the guarantees of:

Acceptable quality

This means that products must be:

fit for their normal purposes
acceptable in finish and appearance
free from minor defects
safe
durable.

This is based on whether a reasonable consumer would find the products acceptable considering:

the nature or type of products, for example, second-hand products are more likely to show signs of use and may be less durable than new products
the price paid — products that are expensive are expected to be of better quality than products that are very cheap
any information on the products, in advertising or in the packaging
any statement the retailer or supplier made about the products including their history, quality, or condition.
the nature of the trader and how the products were supplied, for example, products bought from an online auction might be expected to be lower quality than those bought in a shop
all other relevant circumstances, such as how soon they developed a problem after purchase.

If the retailer or manufacturer arranges for the products to be delivered to you, the products must be of acceptable quality when you receive them.

Faulty products

Refund, replacement, repair

Repair damage after normal use

Fit for a particular purpose

Match description, sample, or demonstration model

Reasonable price

This guarantee only applies when there has been no agreement about the price and the products have not yet been paid for. Usually, the price is agreed in advance — either on a price tag or on a sign displayed with the products, or at the checkout. But if not, you must only pay a reasonable price (that is, what other traders charge for the same or similar products).

If you think the price is unreasonable but you pay it without disputing it at the time, the law says you have agreed to the price and can’t dispute it (affirmation).

While businesses are free to set their own prices and increasing prices above levels charged previously isn’t illegal in New Zealand, the Fair Trading Act prohibits misleading and deceptive conduct and false representations.

This means that if a business gives a reason for a price increase it must be true or the business risks breaching the law. Consumers should ask for the reason a price has increased and if they believe the reason that is given is not true, they should make a complaint to the Commerce Commission.

Make a complaint(external link) — Commerce Commission

We have established PriceWatch where you can report exploitative pricing. We will be referring any complaints that the Commission could act on over to them.

Report exploitative pricing(external link) — pricewatch.govt.nz

Right to sell the products

The retailer or trader should be able to pass all the ownership rights or title in the products to you.

This means they guarantee:

they have the right to sell the products
no other person has a claim or right over those products
you have the right to undisturbed possession of the products — that is, the products can’t be repossessed by a finance company if they have a registered security interest on those products.

Unless:

You buy consumer products on credit. The finance company may repossess products under certain conditions, such as payments not being made, and you have been told that repossession is a possibility and given a copy of this in writing.
You didn’t pay the full price for the products at the time you bought them, and before you bought the products:
- You were told about the possibility of the products being taken off you if you do not pay the balance within a certain time.
- You were given a copy, or the relevant part of a document telling you about this (Romalpa clause).

Traders can still sell second-hand products with a registered security interest (for example, they sell you a car that they're still paying off with a finance company), but they must disclose this to you before you buy.

Loans and credit

Products arrive on time and in good condition

Products must be of acceptable quality when you receive them. If products arrived damaged, you could claim a remedy (such as repair or replacement) from the trader.

The delivery must also:

arrive on time
within the agreed period
within a reasonable time if no delivery time is agreed.

If products are very late, or arrive far later than the agreed period, you can reject them.

Delivery issues

Spare parts and repair facilities available

Manufacturers and importers can meet this guarantee by:

Supplying parts and services themselves
Making sure that parts and services are available through other traders.

Manufacturers or importers can legally opt out of this guarantee by giving you notice that spare parts and repairs will not be available or will be limited.

This guarantee only applies to the first person to buy the products in New Zealand. This means that the guarantee only applies to new products and to the first purchaser of imported second-hand products.

Repair damage after normal use

Manufacturer’s guarantee/warranty

The Consumer Guarantees Act (CGA) gives you the right to seek a remedy, such as a repair or a replacement, from the manufacturer whether or not the products come with a manufacturer’s warranty (called an “express guarantee” in the Act).

Manufacturers do not have to provide a written warranty with their products. However, if they choose to do so, the Act says they must meet their obligations under that warranty. The CGA still applies whether or not a manufacturer's warranty has expired.

Warranties

Service guarantees

When a business supplies you with consumer services, such as subscription services, household plumbing, a haircut, or fixing your car, four consumer guarantees apply under the Consumer Guarantees Act (CGA).

Services include any rights, benefits or facilities provided by a supplier, even if they do so free of charge or you don’t have a contract with the supplier.

The CGA also specifies a wide range of contracts that are services, such as:

contracts for the performance of work
contracts of insurance
banking contracts
care or service of others or animals
supply of electricity, telecommunications, gas, water, and removal of wastewater.

Contracts and quotes for services can include extra rights and responsibilities and specific information for both you and the provider, for example, cancellations, pricing, timeframes. The provider or business cannot include conditions in the contract which erase your rights under the Act.

For more information on contracts, quotes, and estimates, including types of contracts and the language they use, see:

Contracts and sales agreements

Quotes and estimates

Your rights when buying services

All consumer services must be:

Carried out with reasonable care and skill

Fit for a particular purpose you told the seller about

When you’ve told the service provider what work you want them to do and they accept the job, they must make sure you get what you want.

If the service provider can’t guarantee the work they’ll do will give you the result you want, they have to tell you before they start the job. But they can’t simply get out of their responsibilities by warning you that the job may not be satisfactory if they are inexperienced in that trade.

If they used reasonable skill and care but the work doesn't meet your expectations because you weren't clear about what you wanted, the trader may not be responsible.

When you are given a choice of options for the work at different prices, if you take the lowest price option it may be less fit for purpose. It is reasonable that you may have lower expectations due to the cheaper cost.

Sometimes it may not be appropriate for you to rely on discussions with an employee of that service provider, eg the receptionist in a large service company. Where possible, make sure you speak to the person who's doing the work, or who's responsible for making sure you get what you've asked for.

If you insist on a service that the supplier tells you won’t give the result you want, you might not be able to rely on the ‘fit for purpose’ or ‘reasonable care and skill’ guarantees.

Carried out within a reasonable time if no timeframe agreed

Charged for at a reasonable price when the price is not set

Electricity and gas services

Electricity and gas services must meet a specific guarantee of acceptable quality. This guarantee applies instead of the general CGA guarantees that apply to products and services.

Consumer guarantees for gas and electricity services

Services not covered

The CGA does not apply to:

commercial services — services normally bought for business use or work normally carried out for a business
private sales — when you buy from someone who is not in trade
contracts of service — the performance of work under an employment contract
work done by a charity for your benefit.

Businesses can agree in writing that the CGA doesn't apply if personal or household services are bought for business use, such as carpet cleaning in a shop.

Rights of businesses

Businesses who sell products or services have a right to:

Contract out (opt out) of the Consumer Guarantees Act (CGA) if the products or services they sell will be used for commercial or business purposes.
Choose how to price their products or services.
Refuse a consumer’s offer to buy a product or service, for example, if it’s the last item in stock or the service is no longer supplied.
Ask questions about and inspect any product or service a consumer says does not meet the CGA guarantees.
Decide to repair, replace, or refund a product, or fix a problem with a service, if the problem can be fixed – unless it's a serious problem, then you can tell them you want a refund or replacement, or cancel the service.
Refuse a refund or any other remedy if a consumer changes their mind about a product or service or damages the product after the sale.
Refuse to fix a problem with a service if the fault was caused by the consumer or events outside of the service provider’s control.
Be paid for products or services they sell that meet the CGA guarantees.

Businesses must not:

Knowingly sell faulty products or sub-standard services.
Delay if a customer complains — they must not fob you off or put off looking into it.
Refuse to deal with complaints about products that arrive damaged after being delivered. If it’s a valid complaint, they should offer a replacement or refund. They can then take it up with the courier, delivery company or insurance company directly so they're not left out of pocket.

Business guidance: Obligations under the Consumer Guarantees Act

The Consumer Guarantees Act (CGA) applies to consumers buying things in New Zealand, and businesses selling products or services in New Zealand.

A consumer is anyone who buys products or services that are ordinarily for personal or household use. The ordinary use may change over time, for example, computers are now commonly used for personal use.

Organisations and businesses who buy consumer products or services from other businesses are also entitled to protection under the Act, unless the seller has contracted out of the CGA.

The CGA applies to any business providing consumer products or services, including:

Tradespeople.
Professionals.
Online traders.
Importers.
Finance companies.
Retailers.

Online sellers who operate as businesses (such as on Trade Me) must make it clear to buyers that they are traders. This tells consumers that the Fair Trading Act and Consumer Guarantees Act apply.

The CGA applies to consumer products and services supplied by businesses, including if they're:

Received as a gift, free sample, or gift from a business.
Bought on credit.
Bought at auction, online, door to door or other types of sales.
Hired or leased.

Check you have a case

When guarantees don't apply

Consumer guarantees do not apply if you:

buy products or services privately
buy commercial products or services, such as industrial machinery and trucks
buy products for resale or to use in a manufacturing process
are in business and dealing with another business, and you have a written agreement to contract out of the CGA
got what you asked for but simply changed your mind
misused or altered a product in any way that caused the problem, for example, not following the manufacturer’s instructions for use
disposed of, lost, destroyed, or damaged products after delivery
knew of or were made aware of faults before you bought the product
relied on anyone else's advice or conduct that caused the problem other than the service provider or their agent.

Change of mind

If you buy something online from an overseas trader, the Act might still apply, but it becomes much more difficult to resolve issues and enforce your rights.

Online shopping

Contracting out of the Consumer Guarantees Act

A retailer or supplier must not tell you the CGA does not apply or try to get you to sign a contract saying it doesn't apply.

The only exception is where products or services are for a business purpose and:

you as the buyer and the seller are in trade and agree to this
the agreement is in writing
it is fair and reasonable to do so.

A manufacturer can contract out of the spare parts and repair facilities guarantee, but only if consumers are told this in writing before they buy the products.

A business who tries to contract out of the CGA in any other circumstances commits an offence under the Fair Trading Act.

Misleading consumers about their rights(external link) — Commerce Commission

Even if the Consumer Guarantees Act doesn’t apply, other consumer laws may.

Fair Trading Act

Credit Contracts and Consumer Finance Act

Privacy Act