From faulty fridges to missed deliveries, The Consumer Guarantees Act means you can act if things go wrong.
When things go wrong, the Consumer Guarantees Act makes it right
From faulty fridges to missed deliveries, The Consumer Guarantees Act means you can act if things go wrong.
The Consumer Guarantees Act sets minimum guarantees for all products and services bought from businesses in New Zealand for consumer use.
It allows you to seek repairs, replacements, or refunds when guarantees are not met.
The top 5 guarantees
All products sold by businesses should be:
1. Acceptable quality
2. Fit for a particular purpose
3. Matched with the description
4. Reasonably priced
5. Delivered on time and in good condition
Ask for a repair, replacement or refund
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Minor problem? , The supplier can choose whether to give a repair or replacement.
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Major Problem? You can refuse a repair and request a replacement or refund.
Top tips to make it right
- Collect your paperwork – proof of purchase , instructions for use, photos of damage etc
- Give a detailed explanation of the problem – when , where and what happened
- Ask for what you want to happen – a repair, replacement or refund
- Don’t delay, contact the business straight away
You should always contact the business you purchased from first, it is their responsibility to put things right or follow up with their suppliers.
A business/seller must not tell you that the Consumer Guarantees Act does not apply or get you to sign a contract saying so.
Find out if the Consumer Guarantees Act applies to your problem
Common consumer questions about the Consumer Guarantees Act
If a business supplies you a product that doesn’t work, you can ask for the good to be fixed under the Consumer Guarantees Act (CGA). Take the product back, and if you can’t resolve your issue directly with the business, the Disputes Tribunal or District Court may be your next step. If you think the business has misled you about your consumer guarantees, you can complain to the Commerce Commission. Taking a product back [PDF, 454 KB] What the tribunal can help with(external link) — Disputes Tribunal Make a complaint(external link) — Commerce Commission The Consumer Guarantees Act might still apply for overseas items bought online, but it’s difficult to resolve issues and enforce your guarantees. Under the Consumer Guarantees Act (CGA), deliveries from business sellers must arrive either on time or within a reasonable timeframe if no time/date was agreed. If it arrives very late, you can reject it and claim a refund. Contact the business directly. If you can’t resolve your issue directly with the business, the Disputes Tribunal or District Court may be your next step. You can also report the business to the Commerce Commission if you think you have been misled or the business has said something that is not true. About the Disputes Tribunal(external link) — Disputes Tribunal Acceptable quality is a guarantee under the Consumer Guarantees Act. This means that products must be fit for their normal purposes, acceptable in finish and appearance, free from minor defects, safe and durable. If a business sells you a bad quality product, you should first ask them to fix the problem. If you can’t resolve your issue directly with the business, the Disputes Tribunal or District Court may be your next step. Refund, replacement, or repair What the Tribunal can help with(external link) — Disputes Tribunal If there’s a problem with your car after purchase and it’s not your fault, you have more options if you bought from a car dealer. If there is a fault with your car after purchase, and it’s not your fault, you can go back to the dealer to claim under the manufacturer’s warranty or under the CGA guarantees. If the fault is serious, e.g., it can’t be repaired for a reasonable cost, you can reject the vehicle. You must tell the dealer you are rejecting the vehicle within a reasonable amount of time. If a faulty vehicle has caused damage to your property, you can also claim compensation. If you cannot solve your issue directly with the seller, you can contact the Motor Vehicle Disputes Tribunal or report the dealer. You can also report the trader to the Commerce Commission if you think you have been misled about the vehicle, e.g., price, quality, kilometres travelled, country or origin or the vehicle’s Consumer Information Notice (CIN) has incorrect information or wasn’t there. Solving issues with your car dealer Make a claim(external link) — New Zealand Ministry of Justice Motor Vehicle Traders Register(external link) — Motor Traders Make a complaint(external link) — Commerce Commission
The Consumer Guarantees Act is one consumer law, but there are other consumer laws that may cover your issue.
More help
You can visit our website for more information and education about the process of buying – what to know and do before, during and after purchasing a product or service. That includes outlining your consumer rights, tips for making smart purchase decisions, and how to confidently deal with things if they go wrong.
You can also get help from Citizens Advice Bureau or Community Law Centres who can advise you on your consumer guarantees, obligations, and the resolution process.
A CAB near you(external link) – Citizens Advice Bureau
Our law centres(external link) – Community Law Centres
If you still can’t agree on a solution with a business, you can use disputes bodies, the Disputes Tribunal, or the district court to resolve your problem. Disputes bodies are free to access, whereas the Disputes Tribunal may charge a fee. The value of your claim may determine your option.