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1. NN v C Ltd [2023] NZDT 410 (6 July 2023) [pdf, 193 KB]

   ...and there is no breach of the required standard of acceptable quality, nor fitness for purpose. 8. When an applicant brings a claim in the Tribunal, the applicant has the onus of proving their claim on the balance of probabilities. This is the civil law standard of proof, requiring them to show the events or circumstances they claim, are “more likely than not” to have occurred. When I assess whether that standard is met, I consider and evaluate the evidence presented to me by the p...

2. QG v EK [2024] NZDT 737 (13 September 2024) [pdf, 177 KB]

   ...refund of the money paid and provided her bank account details. She says that she received no response from EK until 21 July when he sent an apology for his actions. On 7 May 2024, QG filed a complaint with the New Zealand Police, who recommended a civil claim. 4. QG claims the total sum of $13,933.67, comprising a deposit of $11,454.00 and $2,479.67 for the tiles. 5. EK did not attend the hearing conducted today by teleconference, however pursuant to section 42 of the Dispu...

3. XX v SU [2024] NZDT 401 (31 May 2024) [pdf, 178 KB]

   ...supplier gained access to the property on the false pretext of checking the windows and the silicone, and removed the windows without the consumer’s permission, causing minor damage such as scratches to the wooden frames. These actions constituted the civil wrong of trespass to land, so I have awarded a further $100.00 in nominal damages for trespass to recognise the intrusion into the consumer’s home. The total sum payable is therefore $1,142.00. Referee: E Paton-Simps...

4. QM v DH [2024] NZDT 497 (11 June 2024) [pdf, 176 KB]

   ...satisfied it represents the reasonable cost of repairing the damage sustained in this collision. 9. I note that DH has said she is not financially able to pay a lump sum and draw both parties’ attention to the contact details for the court’s Civil Enforcement team on the back of this order. Either party can apply, based on this order, to have the court undertake a financial assessment process to determine a weekly instalment amount that DH can realistically afford to pay QM to rep...

5. LE v T Ltd [2024] NZDT 456 (27 June 2024) [pdf, 183 KB]

   ...contract, a claim based on quasi-contract (quasi-contract arises where one person has been unjustly enriched at the expense of another, and restitution is appropriate). It also has jurisdiction to hear and determine a claim based on tort (a tort being a civil wrong) in respect of loss of, or damage to, property (s10(1) of the DT Act). This jurisdiction is subject to certain limitations set out in s11 of the DT Act. The Tribunal also has jurisdiction under certain statutes listed in Part 2...

6. TUW & TJW v TX & HL [2024] NZDT 358 (10 May 2024) [pdf, 186 KB]

   ...took in not checking the spa earlier. e. I accept that the spa pool might not have been in working condition at 22 December 2023. However this is insufficient for TUW and TJW to be successful in their claim, as ‘might’ does not meet the civil standard of proof that they needed to meet, which is ‘on the balance of probabilities.’ Was there an agreement between the parties that TX and HL would give TUW and TJW a gate? 5. I do not find that there was any agreement betw...

7. GM v D Ltd [2024] NZDT 583 (13 September 2024) [pdf, 194 KB]

   ...with the dress having been worn and subjected to inappropriate treatment. This I find constitutes damage after delivery to the consumer caused by reasons not related to the damage or weakness at the time of supply. 15. It is always the case in a civil claim that the applicant has the onus of proving their case on the balance of probabilities. In this case I find that, although the claim that the dress was not of acceptable quality is proven on balance, D Ltd has proven on balance that...

8. Adult relationships

   Key statutes Protection of Personal and Property Rights Act 1988 (PPPR) Civil Union Act 2004 Family Proceedings Act 1980 Property (Relationships) Act 1976 Marriage Act 1955 Domestic Actions Act 1975 Family Protection Act 1955 Joint Family Homes Act 1964 Key secondary legislation Family Court Rules 2002 Epidemic Preparedness (Protection of Personal and Property Rights Act 1988—Enduring Powers of Attorney) Immediate Modification Order 2020 Protection of Personal and Property Rights (Enduring...

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   4. Family

9. BN & SC & XC v NT & MP [2021] NZDT 1670 (30 June 2021) [pdf, 236 KB]

   ...sees fit. Enforcement of Tribunal Decisions If the Order or Agreed Settlement is not complied with, you can apply to the Collections Unit of the District Court to have the order enforced. Application forms and information about the different civil enforcement options are available on the Ministry of Justice’s civil debt page: http://www.justice.govt.nz/fines/about-civil-debt/collect-civil-debt For Civil Enforcement enquiries, please phone 0800 233 222. Help and Further Informa...

10. ET and JT v F Ltd [2021] NZDT 1639 (13 July 2021) [pdf, 197 KB]

    ...sees fit. Enforcement of Tribunal Decisions If the Order or Agreed Settlement is not complied with, you can apply to the Collections Unit of the District Court to have the order enforced. Application forms and information about the different civil enforcement options are available on the Ministry of Justice’s civil debt page: http://www.justice.govt.nz/fines/about-civil-debt/collect-civil-debt For Civil Enforcement enquiries, please phone 0800 233 222. Help and Further Informa...