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Consumer Guarantees Act 1993

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

24: Rights of donees

You could also call this:

“People who get gifts have the same rights as if they bought the item themselves”

If you receive goods as a gift from someone who bought them from a supplier, you have the same rights and remedies as if you had bought the goods yourself. This means you can take action if there’s a problem with the goods, just like the person who gave you the gift could. However, the supplier can still use any defence against you that they could have used against the person who bought the goods. When this part of the law talks about a consumer, it includes you as the person who received the gift.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM312831.

Topics:
Money and consumer rights > Consumer protection
Business > Fair trading
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Part 2 Right of redress against suppliers in respect of supply of goods
Provisions relating to rejection of goods

24Rights of donees

  1. Where a consumer acquires goods from a supplier and gives them to another person as a gift, that person may, subject to any defence which would be available to the supplier against the consumer, exercise any rights or remedies under this Part which would be available to that person if he or she had acquired the goods from the supplier, and any reference in this Part to a consumer shall include a reference to that person accordingly.

Compare
  • Consumer Products Warranties Act 1977 s 4 (Saskatchewan)