Can a consumer claim damages if their rights under the Consumer Guarantees Act are violated?

Under the Consumer Guarantees Act (CGA) in New Zealand, consumers are afforded specific rights which include guarantees relating to the quality and fitness for purpose of goods and services. When a seller fails to meet these guarantees, consumers are entitled to remedies, which can include a refund or repair. However, if a consumer's rights under the CGA are infringed, they can also claim damages, particularly if they have suffered losses as a result of the breach. This aspect of the law acknowledges the broader impacts of violations beyond just the immediate remedies like a refund, allowing consumers to seek compensation for any additional losses incurred due to the seller’s failure to provide goods or services that meet the guarantees stipulated in the Act.

This principle underscores the legal foundation that accountability lies with the seller for non-compliance with consumer rights, thereby enabling consumers to make whole any losses they suffer as a result of such violations. The ability to claim damages ensures that consumers have a tangible means of redress beyond merely receiving a refund, which may not fully compensate them for the inconvenience or additional expenses they've incurred.