Plain language law

New Zealand law explained for everyone

Consumer Guarantees Act 1993

Guarantees in respect of supply of goods

7: Meaning of acceptable quality

You could also call this:

“What it means for something you buy or hire to be good enough”

When you buy or hire something, it should be of acceptable quality. This means it should be good enough for what you would expect it to be used for. Here’s what ‘acceptable quality’ means:

The item should work for all the usual things you’d use it for. It should look nice and be well-made. It shouldn’t have small problems or faults. It should be safe to use and last for a reasonable time.

To decide if something is acceptable quality, think about what a sensible person would expect if they knew everything about the item, even hidden problems. You should think about what the item is, how much it costs, what the packaging or label says about it, who’s selling it and why, what the seller or maker says about it, and anything else important about buying it.

If someone tells you about a problem with the item before you buy or hire it, then that problem doesn’t count when deciding if it’s acceptable quality. If items are on display for sale or hire, any problems should be written on a notice next to them.

An item can still be acceptable quality even if you use it in a way that’s not normal or use it too much. If the item would have been fine with normal use, it’s still considered acceptable quality.

When we talk about ‘defects’ in this law, we mean anything that makes the item not acceptable quality.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM312808.

Topics:
Money and consumer rights > Consumer protection
Previous

6: Guarantee as to acceptable quality, or

“Goods you buy should be good enough to use”

Next

7A: Guarantee of acceptable quality in supply of gas and electricity, or

“Gas and electricity must be safe, reliable, and good enough for everyday use”

Part 1 Guarantees in respect of supply of goods

7Meaning of acceptable quality

  1. For the purposes of section 6, goods are of acceptable quality if they are as—

  2. fit for all the purposes for which goods of the type in question are commonly supplied; and
    1. acceptable in appearance and finish; and
      1. free from minor defects; and
        1. safe; and
          1. durable,—
              1. as a reasonable consumer fully acquainted with the state and condition of the goods, including any hidden defects, would regard as acceptable, having regard to—
            1. the nature of the goods:
              1. the price (where relevant):
                1. any statements made about the goods on any packaging or label on the goods:
                  1. the nature of the supplier and the context in which the supplier supplies the goods:
                    1. any representation made about the goods by the supplier or the manufacturer:
                      1. all other relevant circumstances of the supply of the goods.

                        1. Where any defects in goods have been specifically drawn to the consumer's attention before he or she agreed to the supply, then notwithstanding that a reasonable consumer may not have regarded the goods as acceptable with those defects, the goods will not fail to comply with the guarantee as to acceptable quality by reason only of those defects.

                        2. Where goods are displayed for sale or hire, the defects that are to be treated as having been specifically drawn to the consumer's attention for the purposes of subsection (2) are those disclosed on a written notice displayed with the goods.

                        3. Goods will not fail to comply with the guarantee of acceptable quality if—

                        4. the goods have been used in a manner, or to an extent which is inconsistent with the manner or extent of use that a reasonable consumer would expect to obtain from the goods; and
                          1. the goods would have complied with the guarantee of acceptable quality if they had not been used in that manner or to that extent.

                            1. A reference in subsections (2) and (3) to a defect means any failure of the goods to comply with the guarantee of acceptable quality.

                            Compare
                            • Consumer Products Warranties Act 1977 ss 2(a), 34 (Saskatchewan)
                            Notes
                            • Section 7(1)(ha): inserted, on , by section 8 of the Consumer Guarantees Amendment Act 2013 (2013 No 144).