Jayden McNeil
Solicitor
tel:+6472626903
mailto:jayden.mcneil@hobec.co.nz
Qualifications
- LLB, University of Waikato 2021
- Admitted to the Bar in New Zealand 2022
Community
- Whakatāne Kiwi Trust Trustee
- Committee Member of the Ladder Young Professionals
- Whakatāne BNI member
- Volunteer at Citizen’s Advice Bureau
Contact
- DDI: +64 7 262 6903
- M: +64 27 2966 925
- E: jayden.mcneil@hobec.co.nz
Jayden is a solicitor in the property and commercial team in our Whakatāne office.
Jayden was born and raised in Whakatāne, and joined Holland Beckett in August 2022 after finishing his law degree at the University of Waikato. Since returning home he has been exposed to a very broad variety of work and values the general nature of practice Whakatāne offers.
He has taken a particular interest in commercial, rural and forestry transactions, but can also assist clients with general residential and commercial conveyancing, refinancing, subdivisions, leasing, wills and enduring powers of attorney and Trusts.
Outside of work Jayden can be found out fishing, hunting or surfing and enjoying all the Eastern Bay has to offer!
Jayden McNeil's Expertise
Jayden McNeil's News & Resources
Understanding your obligations under the Consumer Guarantees Act 1993
The Consumer Guarantees Act 1993 (CGA) provides a consumer with remedies if a business has failed to provide them with goods or services to a reasonable standard, regardless of whether the consumer has a written warranty or guarantee from the supplier or manufacturer.
The CGA is intended to foster a trading environment in which consumer’s interests are protected, businesses compete effectively, and consumers and businesses can participate confidently.
Does the CGA affect me?
If you supply products or services as a normal part of your business, you are likely to be considered \'in trade\' and the CGA will apply to your business transactions.
The CGA will affect you if you are a manufacturer of products that are subsequently supplied to consumers, even if those products are indirectly supplied through distributors and/or retailers.
Parties to business-to-business transactions can (and regularly do) agree to exclude or modify some or all of the default guarantees and remedies under the CGA, but such an agreement must be in writing and the parties will only be bound if it is fair and reasonable. A manufacturer of a product could exclude the CGA in a contract with a distributor, but that will not affect the rights of an end consumer of that product under the CGA against the manufacturer.
What are my obligations under the CGA?
As a business or person in trade, any goods or services you manufacture or supply must meet the minimum requirements outlined in the CGA.
Goods must:
Be sold with clear title free from security interests
Be of acceptable quality
Be fit for purpose
Match their description
Comply with samples
Be reasonably priced, if there is no predetermined price
If delivered by the supplier, be delivered on time
Have spare parts or repairs available
Services must be:
Performed with reasonable skill and care
Fit for purpose
Provided within a reasonable time
Priced reasonably, if there is no predetermined price
For more detail on these obligations, see the guidance available on the Consumer Protection website.
When might I be liable to claims under the CGA?
If a supplier has breached a guarantee under the CGA, the consumer may have remedies including requiring the supplier to repair, replace or refund the purchase price. The consumers remedy will depend upon the severity of the breach and the type of product or service concerned.
For smaller claims, if a consumer is unable to resolve the matter directly with a supplier, a cost effective approach may be to make a Disputes Tribunal claim.
If you are would like to understand more about your rights or responsibilities under the Consumer Guarantees Act, Holland Beckett can provide you with advice and guidance.