The Consumer Guarantees Act 2008 describes the different guarantees available to a consumer when purchasing goods and services.
What kinds of transactions does the Act apply to?
The Act protects you if you buy the goods and services as a ‘consumer’.
You are a consumer if:
• You acquire, from a supplier, goods or services ordinarily acquired for personal, domestic or household use or consumption, and
• You do not acquire the goods and services to be resupplied (on sold) in trade, consumed in a manufacturing process or for the purpose of repairing other goods or fixtures on land.
The Act applies only to goods and services bought from someone who supplies them as part of his or her trade. The act does not cover goods or services:
• Bought privately,
• Bought from a charitable organisation
• Bought through an auction,
• Bought by way of competitive tender.
What guarantees apply to goods under the Act?
Any goods bought from a supplier must be:
• Acceptable Quality, which includes being fit for all purposes that they are normally used for, and being safe and durable.
• Fit for any particular purpose that you tell the supplier you want the goods for, or that the supplier has advertised the goods as being fit for
• Match the description of the goods, as well as any samples or demonstration shown to you prior to purchase
What Guarantees apply to services under the Act?
The Act guarantees that services must:
• Be provided with reasonable care and skill
• Be reasonably fit for any particular purpose (this includes any product resulting from the service)
• Be completed in a reasonable time
• Not cost more than a reasonable price in the absence of a contract
What if a guarantee is not met?
In a situation where it is deemed that a guarantee or right is not met by the supplier, the Act gives you (consumer) a right of redress against the supplier of the good or service.
What if the supplier of the good or service doesn’t agree with the interpretation of your rights?
A Justice of the Peace may hear your claim if it does not exceed $5,000 The High Court shall hear and determine any claim.
This is not intended as legal advice. You should seek legal advice from a lawyer who can advise you of your rights and the best way of enforcing them.
For further information, please contact us:
P.O Box 98, Rarotonga, Cook Islands
T: (+682) 29370 E: [email protected]