Faulty product? Here's exactly what you can demand
The single most misunderstood point in NZ consumer law: sometimes the store picks the remedy, sometimes you do — and it turns on one question.
The one question: minor or substantial?
Minor failures (fixable, product still basically does its job) put the choice with the retailer: repair, replace or refund, in a reasonable time and at no cost to you. Substantial failures — a reasonable buyer wouldn't have purchased knowing the fault; it's unsafe; it fundamentally can't do what it's for; or a minor fault they've failed to fix in reasonable time — flip the choice to you, including outright rejection for a full refund.
The expired warranty is not the end
The manufacturer's 12-month warranty sits on top of the CGA, not instead of it. Goods must last a reasonable time for their kind and price — a $3,000 heat pump failing at 16 months is squarely arguable under the Act regardless of a lapsed warranty. 'It's out of warranty' answers a question you didn't ask.
Your evidence kit
Keep the receipt (bank statement works), photograph the fault, note dates and conversations. Ask the retailer to confirm refusals in writing — refusals evaporate when they need to be signed. The burden of showing misuse sits with them, not with you.
Services too, not just goods
Trades and services carry their own guarantees: reasonable care and skill, fit for the stated purpose, reasonable time and price. A botched repair or an eternally unfinished job runs the same remedy logic — and the Disputes Tribunal handles both.
A consumer problem of your own?
Refunds, faulty goods, dodgy services, uninvited sellers — describe it in plain words and get your rights with the sections to prove them, plus a complaint letter drafted. First question free.
Ask NZ Consumer Law Answers →FAQ
How long should products last under the CGA?
A 'reasonable time' for that kind of product at that price — there's no fixed schedule. Price and marketing claims raise the bar.
The store says only the manufacturer can help. True?
False for consumer purchases — your CGA claim lies against the retailer who sold it. They can pursue the manufacturer separately; that's their problem, not yours.
Is my situation minor or substantial?
Describe the fault to NZ Consumer Law Answers and get the classification, your remedy, and a letter that cites the sections. First question free.
General information, not legal advice for your specific situation.
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