Consumer Guarantees Act & Tradies — Your Rights in NZ
How the Consumer Guarantees Act 1993 protects you when hiring tradies in New Zealand. Understand your rights to quality workmanship, remedies for poor work, and how to make a complaint.
The Consumer Guarantees Act 1993 (CGA) is one of the most important pieces of consumer protection legislation in New Zealand, and it applies to all trade services. When you hire a tradie, the CGA guarantees that the work will be done with reasonable care and skill. Here is what that means in practice.
What the CGA Guarantees for Services
When you hire a tradie (or any service provider), the CGA guarantees that the services will be: carried out with reasonable care and skill, fit for the particular purpose you made known to the tradie, completed within a reasonable time (if no timeframe was agreed), and provided at a reasonable price (if no price was agreed). These guarantees cannot be contracted out of — even if the tradie's contract says otherwise, the CGA still applies.
What Counts as a Failure
A failure under the CGA occurs when: the work is of poor quality or workmanship, the result is not fit for the purpose you specified, the work takes unreasonably long to complete, the tradie uses unsuitable materials, the work does not comply with relevant regulations (Building Code, electrical regulations, etc.), or the tradie causes damage to your property during the work. Both the quality of the result and the process of getting there are covered.
Your Remedies
If the service fails to meet a CGA guarantee, you have the right to: have the tradie fix the problem at no extra cost, or if they cannot or will not fix it within a reasonable time, have someone else fix it and recover the cost from the original tradie. For significant failures, you can cancel the contract and get a refund for work not done or done poorly. You can also claim compensation for any loss or damage caused by the failure.
How to Raise a CGA Complaint
If you have an issue with a tradie's work: first, raise the problem directly with the tradie in writing (email is fine) — describe the issue and what you want done. Give them a reasonable opportunity to fix it. If they refuse or cannot fix the problem, contact the relevant industry body (Master Builders, Master Plumbers, etc.) for dispute resolution. If that fails, you can take the matter to the Disputes Tribunal (for claims up to $30,000) or the District Court.
When the CGA Does Not Apply
The CGA does not apply when services are acquired for a business purpose (business-to-business transactions), when you provide the tradie with misleading information that causes the failure, or for damage caused by normal wear and tear after a reasonable period. The CGA also does not cover issues arising from your own modifications or failure to maintain the work as advised by the tradie.
Key Takeaways
- The CGA guarantees tradie work will be done with reasonable care and skill
- Guarantees apply regardless of what the tradie's contract says
- You can require the tradie to fix poor work at no extra cost
- For significant failures, you can cancel and get a refund
- Disputes can be taken to the Disputes Tribunal for claims up to $30,000
Frequently Asked Questions
No. The Consumer Guarantees Act 1993 cannot be contracted out of for consumer transactions. Even if a tradie's contract includes terms that try to limit their liability or exclude CGA guarantees, those terms are unenforceable. The CGA protections always apply when you hire a tradie for personal, domestic, or household purposes.