Search Results

1. CQ v LM [2023] NZDT 703 (16 December 2023) [pdf, 231 KB]

   ...he has shortpaid 4 days rent, being $168.57. I find it reasonable to deduct this amount from the bond held and order the balance of $421.43 be refunded. Referee: DTR Edwards Date: 16 December 2023 Page 3 of 3 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the relevant information was not available at the time. If you wish to apply for a rehe...

2. QN v UD & ND [2024] NZDT 640 (26 August 2024) [pdf, 225 KB]

   ...although I accept that the respondents breached their contractual obligations to [website], that does not necessarily invalidate the contract that the applicant and the respondents entered into. 14. I take into account that [website] is a platform and does not take part in the transactions. Those transactions are between the members. 15. For these reasons, I am satisfied that the [website] terms and conditions do not effect the agreement between the parties because it was their a...

3. NE & TE v SS [2024] NZDT 586 (6 September 2024) [pdf, 183 KB]

   ...property. 5. In the absence of evidence to the contrary I accept the Applicant’s account of the event as set out in paragraph 1 and I find that SS unlawfully caused damage to their property. I accept that the background was that SS had been performing work on the Applicants property and a dispute had arisen over the final payment. Regardless of the merits of that matter, I accept NE’s evidence that TE then saw SS stop his van outside their property. Then, after NE phoned SS and to...

4. DU v X Ltd [2024] NZDT 630 (20 September 2024) [pdf, 163 KB]

   ...refunded. 10. Accordingly, X Ltd is to pay the amount of $530.00 as ordered. I do not include the filing fee as I have no power to award this. Referee: P McKinstry Date: 20 September 2024 Page 3 of 3 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the relevant information was not available at the time. If you wish to apply for a...

5. MD v KM Ltd [2020] NZDT 1328 (30 January 2020) [pdf, 242 KB]

   ...also have failed this test. CI0301_CIV_DCDT_Order Page 4 of 6 19. At no point did Ms M see Ms D’s daughter riding A. Ms M also had Ms D sign a contract stating that “The Buyer accepts the pony will be a suitable match based on the information supplied to the seller on the riding ability of the child”. It is not possible to contract out of consumer guarantees, but given that the pony was purchased sight unseen, it was unreasonable for Ms D to rely on Ms M’s expertise t...

6. NN v MF [2020] NZDT 1332 (18 June 2020) [pdf, 203 KB]

   ...dispute, as any terms must be incorporated and agreed before sign-up. Any terms sent after set-up are not incorporated into the contract. Was Ms F given adequate notice of the term? 9. As I cannot make a finding in this case that the term formed part of the contract with Ms F, I need not consider whether adequate notice was given of an incorporated term. Referee: J Robertshawe Date: 18 June 2020 CI0301_CIV_DCDT_Order Page 3 of 3 Informatio...

7. NN v EE [2024] NZDT 736 (14 October 2024) [pdf, 177 KB]

   ...holiday house is a service ordinarily supplied to consumers, so the Consumer Guarantees Act 1993 (CGA) applies. CGA s 29 provides that services must be reasonably fit for any purpose the consumer makes known to the supplier before the contract is formed, unless the circumstances show that the consumer does not rely on the supplier's skill or judgment, or it would be unreasonable for the consumer to do so. In this instance, the accommodation had to be reasonably fit for a short holiday...

8. B R L v EQC & IAG New Zealand Ltd [2020] CEIT-2020-0051 [pdf, 934 KB]

   ...kitchen, bathroom, bedrooms, stair walls, one wall of the mezzanine floor and office. The walls through the garage section are unlined or lined with exposed plywood sheets. A mezzanine floor is supported on timber framed walls with timber joists forming the floor. There are three large sectional garage doors. These are cedar clad and are insulated. The garage space contains several rows of high-level racking providing storage which is formed from timber built directly off the co...

9. [2022] NZEmpC 222 Gumbeze v The Chief Executive of Oranga Tamariki [pdf, 225 KB]

   ...Bigson Gumbeze was employed as a registered social worker by the Chief Executive of Oranga Tamariki – Ministry for Children until he was dismissed on 15 December 2017. [2] In the Employment Relations Authority Mr Gumbeze’s personal grievance claim was unsuccessful.1 1 Gumbeze v Chief Executive of Oranga Tamariki – Ministry for Children [2022] NZERA 232 (Member Cheyne). [3] The Authority’s determination was dated 2 June 2022. The time available to Mr Gumbeze...

10. AEB v ZVT Ltd [2011] NZDT 295 (30 May 2011) [pdf, 59 KB]

    ...defective goods for their market value (Laws of New Zealand Sale of Goods (online ed) at [285]). Decision [9] There was no breach of any condition as to sale by description because, in both deliveries, ZVT Ltd supplied Warrego bricks, as requested by AEB (s 15, SGA). [10] The bricks were fit for their purpose of being used in the construction of a house and therefore complied with any condition as to fitness for purpose (s 16(a), SGA). [11] The goods were of merchantab...