Consumer Guarantees Act 1993

Right of redress against suppliers in respect of supply of goods - Provisions relating to rejection of goods

20: Loss of right to reject goods

You could also call this:

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

You can’t return goods if you don’t follow certain rules. You lose the right to return goods if:

You don’t try to return them within a reasonable time. A reasonable time is how long it would normally take for a problem with the goods to show up. This depends on what the goods are, how you’re likely to use them, how long they should last, and how much use they should get before a problem appears.

You’ve gotten rid of the goods, or they’ve been lost or destroyed while someone other than the supplier or their agent had them.

The goods were damaged after you got them, but not because of how they were when you bought them.

The goods have been attached to or made part of something else and can’t be removed without damaging them.

This law applies even if other laws say something different about contracts.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM312826.

Topics:
Money and consumer rights > Consumer protection
Business > Fair trading

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19: Requirement to remedy, or

“The seller must fix problems with things you buy”


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21: Failure of substantial character, or

“When a product is really not what you expected or doesn't work properly”

Part 2 Right of redress against suppliers in respect of supply of goods
Provisions relating to rejection of goods

20Loss of right to reject goods

  1. The right to reject goods conferred by this Act shall not apply if—

  2. the right is not exercised within a reasonable time within the meaning of subsection (2); or
    1. the goods have been disposed of by the consumer, or have been lost or destroyed while in the possession of a person other than the supplier or an agent of the supplier; or
      1. the goods were damaged after delivery to the consumer for reasons not related to their state or condition at the time of supply; or
        1. the goods have been attached to or incorporated in any real or personal property and they cannot be detached or isolated without damaging them.
          1. In subsection (1)(a), the term reasonable time means a period from the time of supply of the goods in which it would be reasonable to expect the defect to become apparent having regard to—

          2. the type of goods:
            1. the use to which a consumer is likely to put them:
              1. the length of time for which it is reasonable for them to be used:
                1. the amount of use to which it is reasonable for them to be put before the defect becomes apparent.
                  1. This section applies notwithstanding section 170 of the Contract and Commercial Law Act 2017.

                  Compare
                  • Consumer Products Warranties Act 1977 s 20(2), (3) (Saskatchewan)
                  Notes
                  • Section 20(3): amended, on , by section 347 of the Contract and Commercial Law Act 2017 (2017 No 5).