Plain language law

New Zealand law explained for everyone

Consumer Guarantees Act 1993

Right of redress against suppliers in respect of supply of goods - Remedies

19: Requirement to remedy

You could also call this:

“The seller must fix problems with things you buy”

If something you bought doesn’t work as it should, the person who sold it to you has to fix the problem. They can do this in a few ways.

They might repair the item if it’s broken. Or, if there’s a problem with who owns the item, they might fix that. They could also give you a new item that’s exactly the same as the one you bought.

If they can’t fix the item, they might give you your money back. This means they’ll return the cash you paid or the value of anything else you gave them for the item.

If you get a new item to replace the one that didn’t work, it’s treated just like the first one you bought. This means it has the same guarantees and the seller has the same responsibilities for it.

When the seller gives you a refund, they have to give you back the money you paid in cash. If you gave them something else instead of money, they have to give you back the value of that thing.

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 It might be out of date or be missing some parts.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=DLM312824.

Topics:
Money and consumer rights > Consumer protection
Business > Fair trading
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18: Options against suppliers where goods do not comply with guarantees, or

“What you can do if something you bought doesn't work properly”

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20: Loss of right to reject goods, or

“You can't return goods if you don't follow the rules for returning them”

Part 2 Right of redress against suppliers in respect of supply of goods
Remedies

19Requirement to remedy

  1. A supplier may comply with a requirement to remedy a failure of any goods to comply with a guarantee—

  2. by—
    1. repairing the goods (in any case where the failure does not relate to title); or
      1. curing any defect in title (in any case where the failure relates to title); or
      2. by replacing the goods with goods of identical type; or
        1. where the supplier cannot reasonably be expected to repair the goods, by providing a refund of any money paid or other consideration provided by the consumer in respect of the goods.

          1. Where a consumer obtains goods to replace defective goods pursuant to subsection (1), the replacement goods shall, for the purposes of this Act, be deemed to be supplied by the supplier and the guarantees and obligations arising under this Act consequent upon a supply of goods to a consumer shall apply to the replacement goods.

          2. A refund referred to in subsection (1)(c) means a refund in cash of the money paid or the value of any other consideration provided, or both, as the case may require.