<I>

  <&>Wellington Corpus of Spoken New Zealand English Version One</&>
  <&>Copyright 1998 School of Linguistics & Applied Language Studies</&>
  <&>Victoria University of Wellington</&>

  <&>side two</&>
  <&>0:50</&>
  

  <WSC#DGI158:0005:IH>
      <theme music>ani i understand that</theme music> you're holding
      a series of <indig=Maori>hui</indig=Maori> to talk about a new
      law called the consumer guarantees act

  <WSC#DGI158:0010:IH>
      tell us about that <&>1:00</&>

  <WSC#DGI158:0015:AW>
      <O>tut</O> that's right hone

  <WSC#DGI158:0020:AW>
      the new law the consumer guarantees act comes into force on the
      first of april this year and it's the main piece of consumer
      protection legislation which has recently been passed by
      government

  <WSC#DGI158:0025:IH>
      i also understand that this project you're involved in has a
      maori name

  <WSC#DGI158:0030:AW>
      that's right

  <WSC#DGI158:0035:AW>
      at the beginning when we were looking at how to get information
      to <indig=Maori>iwi</indig=Maori> about the new law we realised
      that one of the challenges for us was in engendering the
      interest of people in something that's got a strange title like
      consumer guarantees and so we needed to capture that interest
      and for that reason we gave it the name <indig=Maori>kia tupato</indig=Maori>
      <,> partly to to capture the interest but partly also because
      the essence of the act is about being <&>2:00</&> wary of sharp
      business practices that go on in the marketplace from time to
      time

  <WSC#DGI158:0040:AW>
      it's about being careful when we buy goods and services and it's
      about knowing our rights and remedies

  <WSC#DGI158:0045:IH>
      <O>voc</O> i understand this is a joint project joint

  <WSC#DGI158:0050:IH>
      with whom

  <WSC#DGI158:0055:AW>
      soon after the act was passed the head of our ministry carol
      stigley met with the head of te puni kokiri wira gardiner to
      discuss the possibility of both our ministries working together
      to disseminate information to <indig=Maori>iwi</indig=Maori>
      about the new law

  <WSC#DGI158:0060:AW>
      this <O>voc</O> was in line with the <indig=Maori>kaupapa</indig=Maori>
      of both our ministries

  <WSC#DGI158:0065:AW>
      consumer affairs is concerned with making sure that the <.>m</.>
      the people are informed and that the marketplace is fair and er
      te puni kokiri also has a commitment to make sure that
      information is disseminated to <indig=Maori>iwi</indig=Maori> in
      an effective way and so from <&>3:00</&> that point a joint
      project team was set up and has worked to plan the delivery
      process mainly by er <indig=Maori>hui</indig=Maori> that've been
      organised around the country for this purpose

  <WSC#DGI158:0070:IH>
      now under this act what is a consumer

  <WSC#DGI158:0075:AW>
      a consumer is anybody who buys or uses goods or services

  <WSC#DGI158:0080:IH>
      now what is a good

  <WSC#DGI158:0085:AW>
      goods are simply things that we use like food clothing furniture
      tools all those kinds of things

  <WSC#DGI158:0090:AW>
      they're goods

  <WSC#DGI158:0095:IH>
      now this act talks about guarantees

  <WSC#DGI158:0100:IH>
      what is a guarantee under this act

  <WSC#DGI158:0105:AW>
      a guarantee quite simply is a promise

  <WSC#DGI158:0110:IH>
      so why do we need a new act

  <WSC#DGI158:0115:AW>
      up until now the main piece of consumer protection legislation
      has been the sale of goods act which has been on our statute
      books since nineteen hundred and eight

  <WSC#DGI158:0120:AW>
      now that act <&>4:00</&> really was designed for business and
      commercial transactions

  <WSC#DGI158:0125:AW>
      it was never designed for the private consumer market

  <WSC#DGI158:0130:AW>
      that act also as the name implies relates only to goods and so
      for the first time in statute law in aotearoa services have been
      captured and there are now minimum standards required of
      services

  <WSC#DGI158:0135:IH>
      so what are the main points of the act

  <WSC#DGI158:0140:AW>
      the act comes into force on the first of april this year and it
      applies to goods and services that we would normally buy for our
      personal domestic and household use so if we're in business and
      are buying for business use this act does not cover that
      situation

  <WSC#DGI158:0145:AW>
      it also does not apply to <.>p</.> to private sales

  <WSC#DGI158:0150:AW>
      when we buy from garage sales or newspaper advertisements school
      galas when we buy from auction or tender we are not covered by
      this new act

  <WSC#DGI158:0155:AW>
      the act <&>5:00</&> provides guarantees that sellers and service
      providers must make now for the quality of goods that they sell
      and the standards of service and it gives very clear remedies
      about what you can do when those guarantees are not met

  <WSC#DGI158:0160:IH>
      when you talk about guarantees about goods what are these
      guarantees

  <WSC#DGI158:0165:AW>
      the act requires that sellers of goods must guarantee that they
      are of acceptable quality that they must be fit for any
      particular purpose that's made known to the seller that they
      must match any description or sample that the buyer has seen
      that if the price is not set and agreed upon the price <?><.>k</.></?>
      must be reasonable that the seller has the right to sell the
      goods <&>telephone rings in background</&> and in respect of
      manufacturers manufacturers must guarantee that repair
      facilities and spare <&>6:00</&> parts are available for a
      reasonable time and all of these guarantees are in addition to
      normal manufacturers' guarantees that we get from time to time
      when we buy goods now

  <WSC#DGI158:0170:IH>
      now what do we mean by goods of acceptable quality

  <WSC#DGI158:0175:AW>
      the act requires that acceptable quality means that they are fit
      for the normal purposes for which these goods would be bought

  <WSC#DGI158:0180:AW>
      they must be acceptable in their finish and their appearance

  <WSC#DGI158:0185:AW>
      they must be free from minor faults as well as major faults

  <WSC#DGI158:0190:AW>
      they must be lasting or durable and they must be safe

  <WSC#DGI158:0195:IH>
      <O>tut</O> now we talk about them being fit for a particular
      purpose

  <WSC#DGI158:0200:AW>
      <O>tut</O> that's right

  <WSC#DGI158:0205:AW>
      if you go into a shop and make it known to the seller that you
      want these goods for a particular job or the seller makes known
      to you that these goods will do a particular job then they must
      do that job <O>tut</O> for example <O>tut</O> <&>6:57</&> <&>prerecorded
      example of possible consumer complaint with background music not
      transcribed</&> <&>7:18</&>

  <WSC#DGI158:0210:IH>
      now it also says it must <&>pronounced as much</&> must match
      any description or sample

  <WSC#DGI158:0215:IH>
      what do we mean by that

  <WSC#DGI158:0220:AW>
      that's right

  <WSC#DGI158:0225:AW>
      if you buy goods from a seller's description for example you
      might get something by mail order so you only have a description
      to go by or when you're in a shop you might see a sample of it
      on the er shelf or from a door to door seller you might only see
      a sample then the goods that actually arrive on your doorstep
      must match that sample or the description that you were given
      for example <&>7:55</&> <&>prerecorded example of possible
      consumer complaint with background music not transcribed</&>
      <&>8:17</&>

  <WSC#DGI158:0230:IH>
      <music>what about price</music> <,>

  <WSC#DGI158:0235:AW>
      right well if you buy something and the price is not set or
      discussed in advance then the guarantee is that you need only
      pay a reasonable price

  <WSC#DGI158:0240:AW>
      you can work out what's reasonable by finding out what other
      sellers are charging for similar goods

  <WSC#DGI158:0245:AW>
      now these situations will often occur if you are buying say by
      the telephone for instance for example <&>8:45</&> <&>prerecorded
      example of possible consumer complaint with background music not
      transcribed</&> <&>9:30</&>

  <WSC#DGI158:0250:IH>
      what about repairs and spare parts

  <WSC#DGI158:0255:AW>
      manufacturers and importers now are required to guarantee that
      they have taken all reasonable steps to make sure that repair
      facilities and spare parts will be available for a reasonable
      period of time

  <WSC#DGI158:0260:AW>
      this is the only guarantee in fact that manufacturers can opt
      out of <,> under this act and people need to be aware of that
      manufacturers can opt out of providing repair <&>10:00</&>
      facilities and spare parts but they must do so at the time that
      you enter into the contract so at the time you do the buying
      they must tell you or have in writing somewhere that repair
      facilities and spare parts are not available but if that isn't
      the case then this guarantee does apply

  <WSC#DGI158:0265:AW>
      the other thing that people need to remember about this
      particular guarantee is that it only applies if you are the
      first buyer of those goods in aotearoa for example <&>10:35</&>
      <&>prerecorded example of possible consumer complaint with
      background music not transcribed</&> <&>10:54</&>

  <WSC#DGI158:0270:IH>
      <music>what about the right to</music> sell <&>11:00</&>

  <WSC#DGI158:0275:AW>
      yes well this guarantee means that sellers must have the right
      to sell the goods by being the owner of them so that if you buy
      goods that have been stolen or are still on hire purchase then
      you do not really own them because the person who sold them to
      you didn't really own them and they can be taken away from you
      <O>tut</O>

  <WSC#DGI158:0280:AW>
      this act gives you the right if you find yourself in that
      position to make a claim against the seller for any loss that
      you might have suffered for example <&>11:30</&> <&>prerecorded
      example of possible consumer complaint with background music not
      transcribed</&> <&>12:00</&>

  <WSC#DGI158:0285:IH>
      <O>tut</O> what about the manufacturer's guarantee or warranty

  <WSC#DGI158:0290:AW>
      right these are what we get at present

  <WSC#DGI158:0295:AW>
      you know often when we buy goods we'll get a manufacturer's
      guarantee that gives us maybe a year of er parts and labour
      costs things like that

  <WSC#DGI158:0300:AW>
      what we have to remember is that those guarantees which we
      currently get are in addition to all the guarantees that the
      consumer guarantees act now puts in place

  <WSC#DGI158:0305:AW>
      you could think of it a bit like the treaty of waitangi

  <WSC#DGI158:0310:AW>
      in the same way that the treaty gave us rights in addition to
      what we already had so manufacturers' guarantees are in addition
      to those that we now have under the consumer guarantees act

  <WSC#DGI158:0315:IH>
      ani what happens when the guarantees are broken

  <WSC#DGI158:0320:AW>
      okay if the faults are not serious then the buyer can firstly go
      back to the seller in fact <&>13:00</&> should go back to the
      seller to ask for those faults to be repaired and this must be
      done free and within a reasonable time

  <WSC#DGI158:0325:AW>
      if the seller refuses or fails to repair the fault or takes too
      long to do it then the buyer can seek a replacement or a refund
      or have someone else fix the problem

  <WSC#DGI158:0330:IH>
      <O>tut</O> <?>all</?> right what happens if there are serious
      faults

  <WSC#DGI158:0335:AW>
      if there're serious faults then the buyer can cancel the
      contract in other words return the goods reject them and get
      their money back

  <WSC#DGI158:0340:AW>
      now in both these instances the buyer can also seek what's
      called consequential loss or any extra loss that might have
      happened as a result of the fault <O>tut</O> for example
      <&>13:50</&> <&>prerecorded example of possible consumer
      complaint with background music not transcribed</&> <&>14:06</&>

  <WSC#DGI158:0345:AW>
      <music>the other thing that</music> people need to bear in mind
      with this <&>telephone rings in background</&> particular course
      of action is that if you don't get any satisfaction from the
      seller or if the fault is serious or if the seller has gone out
      of business then you can go back to the manufacturer and make a
      claim and this is new under this act you couldn't do that before
      so you can go back to the manufacturer but if you do that you
      can only seek compensation

  <WSC#DGI158:0350:AW>
      you can't get a repair or a replacement from the manufacturer

  <WSC#DGI158:0355:IH>
      now there's a new part to this act

  <WSC#DGI158:0360:IH>
      it talks about guarantees about service

  <WSC#DGI158:0365:IH>
      what is a service

  <WSC#DGI158:0370:AW>
      a service is something that we have done for us like mechanical
      services plumbing services <&>15:00</&> painting er professional
      services whenever you need a doctor a lawyer er a dentist

  <WSC#DGI158:0375:AW>
      those things that are done for us are services

  <WSC#DGI158:0380:AW>
      the consumer guarantees act requires that people who provide
      services must guarantee that the service will be done with
      reasonable skill and care that it will be fit for the particular
      purpose that you require the service for

  <WSC#DGI158:0385:AW>
      again like goods that if the price is not set and agreed upon
      then the price must be reasonable and that the service will be
      completed within a reasonable time

  <WSC#DGI158:0390:IH>
      what do we mean by reasonable skill and care

  <WSC#DGI158:0395:AW>
      reasonable skill and care is a difficult one because the act
      doesn't define what reasonable is and so <,> you might have to
      compare this with what other people in the same trade or
      profession are providing so if you think you've <&>16:00</&> <.>k</.>
      had a bad job from someone and you go and consult with other
      people who are carrying out the same service <.>you'll</.>
      you'll need to gauge from them whether the job that you've had
      done was a reasonable job or not <,> for example <&>16:20</&>
      <&>prerecorded example of possible consumer complaint with
      background music not transcribed</&> <&>16:45</&>

  <WSC#DGI158:0400:IH>
      what do we mean by fit for a particular purpose

  <WSC#DGI158:0405:AW>
      this one is similar to the fit for a particular purpose
      guarantee for goods in that if you make known to the service
      provider that you want the <&>17:00</&> service to do a
      particular thing then it must do that for example <&>17:06</&>
      <&>prerecorded example of possible consumer complaint with
      background music not transcribed</&> <&>17:33</&>

  <WSC#DGI158:0410:IH>
      and a reasonable price

  <WSC#DGI158:0415:AW>
      <O>tut</O> again like reasonable skill and care sometimes we
      must compare this with what other service providers are charging
      for the same job for example <&>17:42</&> <&>prerecorded example
      of possible consumer complaint with background music not
      transcribed</&> <&>18:25</&>

  <WSC#DGI158:0420:IH>
      and the hope that it will be completed in a reasonable time

  <WSC#DGI158:0425:AW>
      again <.>when</.> when you and the service provider have not
      discussed how long the job will take then it should take no more
      than what is reasonable for example <&>18:45</&>
</I>
