Plain language law

New Zealand law explained for everyone

Consumer Guarantees Act 1993

Guarantees in respect of supply of goods

7B: Relationship of section 7A with rest of Act

You could also call this:

“How section 7A works with the rest of the Consumer Guarantees Act”

For the purposes of this law, gas (except non-piped gas) and electricity are not considered goods, and their supply by retailers is not considered a service. However, there are some exceptions to this rule.

If the quality of gas or electricity you receive is not acceptable according to section 7A, you have the right to seek help. In this case, Part 2 of the law will treat gas and electricity as if they were goods, and the retailers as if they were suppliers of those goods. This is done so that you can get help if there’s a problem with the quality.

When it comes to applying Part 5 of the law to gas and electricity supply, gas and electricity are again treated as if they were goods, and the retailers as if they were suppliers of those goods.

It’s important to know that the guarantee provided in section 7A is the only guarantee in this law that applies to the supply of gas (except non-piped gas) or electricity by gas and electricity retailers.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6159820.

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

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8: Guarantees as to fitness for particular purpose, or

“Products must work for what you want to use them for”

Part 1 Guarantees in respect of supply of goods

7BRelationship of section 7A with rest of Act

  1. For the purposes of this Act, except as described in this section, gas (other than non-reticulated gas) and electricity are not to be treated as being goods, and the supply of gas or electricity by retailers is not to be treated as the supply of a service.

  2. If the supply of gas or electricity fails to comply with the guarantee of acceptable quality in section 7A, in order that Part 2 may apply to give consumers a right of redress against gas retailers and electricity retailers, that Part must be applied as if gas and electricity were goods, and as if gas retailers and electricity retailers were the suppliers of those goods.

  3. For the purpose of applying the provisions of Part 5 to the supply of gas and electricity to consumers, that Part must be applied as if gas and electricity were goods, and as if gas retailers and electricity retailers were the suppliers of those goods.

  4. To avoid doubt, the guarantee provided by section 7A is the only guarantee provided under this Act that relates to the supply of gas (other than non-reticulated gas) or electricity by gas retailers and electricity retailers.

Notes
  • Section 7B: inserted, on , by section 9 of the Consumer Guarantees Amendment Act 2013 (2013 No 144).