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Consumer Guarantees Act 1993

Miscellaneous provisions - General provisions

47: Jurisdiction

You could also call this:

“Which court can help you with problems about things you bought?”

You can go to different courts to get help if you have a problem with something you bought. The court you go to depends on how much money is involved.

If you need to claim costs, damages, or a refund under this law, you can go to the High Court, the District Court, or the Disputes Tribunal. These courts can also make orders under section 23A or section 39 of this law.

You can go to the District Court if your claim is for $350,000 or less. The District Court can also make orders about paying money, giving property, or letting suppliers keep money, but only up to $350,000.

The Disputes Tribunal can handle claims up to $30,000. It can also make orders about money or property, but only up to $30,000.

The High Court can handle any claim, no matter how much money is involved.

These rules help make sure that your case goes to the right court based on how much money or property is involved.

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 It might be out of date or be missing some parts.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=DLM312870.

Topics:
Money and consumer rights > Consumer protection
Crime and justice > Courts and legal help
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46A: Indemnification of gas and electricity retailers, or

“Gas and electricity sellers can get money back from pipe and line owners if there are problems”

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48: Exclusion where Consumer Guarantees Act 1993 applies, or

“When the Consumer Guarantees Act applies, different rules are used instead of the Sale of Goods Act”

Part 5 Miscellaneous provisions
General provisions

47Jurisdiction

  1. Any court of competent jurisdiction, and the Disputes Tribunal established under section 4 of the Disputes Tribunal Act 1988 if it has jurisdiction under this section, may hear and determine any claim for costs, damages, or for a refund payable under this Act and may make an order under section 23A or 39.

  2. In this section, court of competent jurisdiction means—

  3. the High Court:
    1. the District Court in any case where—
      1. a claim referred to in subsection (1) does not exceed $350,000; or
        1. an order under section 23A or 39 does not exceed the limits prescribed by subsection (3).

        2. The District Court may make an order under section 23A or 39 if the order does not—

        3. require a person to pay an amount exceeding $350,000:
          1. vest any property exceeding $350,000 in value in any person:
            1. direct the transfer or assignment or delivery of possession of any property exceeding $350,000 in value:
              1. permit a supplier to retain any money paid or other consideration provided in excess of an aggregate value of $350,000.

                1. The Disputes Tribunal shall have jurisdiction to hear and determine any claim referred to in subsection (1) where the claim does not exceed $30,000.

                2. The Disputes Tribunal may make an order under section 23A or 39 if the order does not—

                3. require a person to pay an amount exceeding $30,000:
                  1. vest any property exceeding $30,000 in value:
                    1. direct the transfer or assignment or delivery of possession of any property exceeding $30,000 in value:
                      1. permit a supplier to retain any money paid or other consideration provided in excess of an aggregate value of $30,000.

                        1. Repealed
                        Notes
                        • Section 47(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
                        • Section 47(1): amended, on , by section 15(2) of the Consumer Guarantees Amendment Act 2013 (2013 No 144).
                        • Section 47(2)(b): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
                        • Section 47(2)(b)(i): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
                        • Section 47(2)(b)(ii): amended, on , by section 15(2) of the Consumer Guarantees Amendment Act 2013 (2013 No 144).
                        • Section 47(3): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
                        • Section 47(3): amended, on , by section 15(2) of the Consumer Guarantees Amendment Act 2013 (2013 No 144).
                        • Section 47(3)(a): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
                        • Section 47(3)(b): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
                        • Section 47(3)(c): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
                        • Section 47(3)(d): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
                        • Section 47(4): amended, on , by section 340(2) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
                        • Section 47(4): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
                        • Section 47(5): amended, on , by section 340(2) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
                        • Section 47(5): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
                        • Section 47(5): amended, on , by section 15(2) of the Consumer Guarantees Amendment Act 2013 (2013 No 144).
                        • Section 47(5)(a): amended, on , by section 340(2) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
                        • Section 47(5)(b): amended, on , by section 340(2) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
                        • Section 47(5)(c): amended, on , by section 340(2) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
                        • Section 47(5)(d): amended, on , by section 340(2) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
                        • Section 47(6): repealed, on , by section 340(2) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).