Search Results

1. TM & YM v K Ltd [2024] NZDT 608 (6 June 2024) [pdf, 138 KB]

   ...the description as being of Solid Wood? b) Was the kitchen free from defects and installed with reasonable skill and care? c) What is the remedy? 7. As the kitchen is a domestic item ordinarily used for household use then it is covered by the Consumer Guarantees Act 1993. The relevant provisions are s 9 and 10 of the Consumer Guarantees Act 1993 (CGA) that provides that when goods are supplied by reference to a description or sample then the goods provided must match that description...

2. EU & Ors v I Ltd [2024] NZDT 594 (19 July 2024) [pdf, 184 KB]

   ...terms and conditions of hire limit its liability to EU, and further, provide it indemnification by EU against claims from third parties (F Ltd and SC Ltd in this case) for damage. 7. With respect to I Ltd’s contract with EU, I find that EU is a consumer for the purposes of the Consumer Guarantees Act 1993 (CGA). EU says that although he is a technical events professional, he was involved in this event in a personal capacity and was not acting in trade when he hired the generator and...

3. BORA Geographical Indications (Wine and Spirits) Registration Amendment Bill [pdf, 280 KB]

   ...provide a long term source of funding for the maintenance of the register of GIs. The GIs “New Zealand”, “North Island” and “South Island”, will have enduring GI registration status, so will not have to be renewed. 5. The Bill also makes consequential amendments to the Trade Marks Act 2002. The amendments prohibit the Commissioner registering trade marks that include registered GIs for wine or spirits not covered by the registration. The Commissioner can however register such...

4. EC & ECE v UX Ltd [2016] NZDT 895 (12 February 2016) [pdf, 86 KB]

   ...drain as the surface is not one from which scratches can be removed. This is reasonably foreseeable as is the difficulty of removal given the nature of a shower base. It is appropriate that another supplier carry out the work, as it work of a consequential nature rather than direct remedial work and likely requires different skills to the original job. [13] I accept that another grouting job will be needed after the shower drain is replaced, and deem that value to be $250.00, the...

5. COVID-19 Response (Management Measures) Legislation Bill – Ministry of Justice [pdf, 281 KB]

   ...Schedule 5 – Ministry of Housing and Urban Development 14. Schedule 5 amends the Residential Tenancies Act 1986 to restrict the rights of landlords to terminate tenancies when a COVID-19 tenancies order is in force. Schedule 5 also includes a consequential amendment to the Secondary Legislation Act 2021. Schedule 7 – Ministry of Transport 15. Schedule 7 amends the Land Transport Act 1998 to allow the service of notices under the Act by fax or email where it is not practicable to...

6. BX v W Ltd [2023] NZDT 709 (21 December 2023) [pdf, 117 KB]

   ...airport, and it is not financially feasible for it to offer flights from other centres. Issues i) Is the applicant limited by the DOCA? ii) Has the respondent acted reasonably when administrating the FFCP? (1) Terms of the contract (2) The Consumer Guarantees Act 1993 (3) Fair Trading Act 1986 (4) Number of seats available (5) Destinations iii) Suppression Issue 1 [7] As stated, the respondent claims customers are prevented from seeking a refund under the DOCA...

7. BG Ltd v YT [2014] NZDT 603 (29 April 2014) [pdf, 218 KB]

   ...$2,000 less the wreck value of $450 received for it. YT denies liability claiming that she advised BG on 3 August that she could not afford to proceed with the agreement. Law [2] Law of Contract, Contractual Remedies Act 1979, Credit Contracts and Consumer Finance Act 2003 (CCCFA) and Credit (Repossession) Act 1997 (C(R)A). Issues [3] Is BG entitled to compensation at the amount claimed for breach of contract by YT with, as sub-issues: a. Whether the agreement is a consumer cred...

8. Roos v Wang [2010] NZWHT Auckland 10 [pdf, 288 KB]

   IN THE WEATHERTIGHT HOMES TRIBUNAL TRI 2009-100-000053 [2010] NZWHT AUCKLAND 10 BETWEEN CHARLES and HELEN MARIE ROOS Claimants AND THOMAS GANG WANG First Respondent AND FU HAO CONSTRUCTION LIMITED Second Respondent AND ADRIAN ROSS KIFF Third Respondent AND BAYS HOUSE INSPECTION SERVICES LIMITED Fourth Respondent Hearing: 2 February 2010 Final Submissions received: 26 February 2010 Appearances: Ms L Gerrard, Counsel for the Claimants. Mr

9. SN & FN v U Ltd [2022] NZDT 260 (21 December 2022) [pdf, 121 KB]

   ...of the contract with respect to timing of payments and interest? • What is payable on the claim and counter-claim? Did U Ltd provide its service with reasonable care and skill and is the product of its service fit for purpose? 7. The Consumer Guarantees Act 1993 (‘CGA’) provides statutory guarantees to consumers, the relevant guarantees in this case being that a supplier will carry out its services with reasonable care and skill and that the product resulting from a servi...

10. [2022] NZEnvC 001 Wellington Regional Council [pdf, 253 KB]

    ...outlet. [3] The Council had intended to include this text ( or an equivalent) in the PNRP but inadvertently failed to do so. It seeks to address that error by making an application under s 310(e) Resource Management Act 1991 (RMA) and asking for a consequential order under s 293 RMA to include appropriate text in the PNRP. [4] The Council has applied for a declaration determining the location of unmapped river mouths in the PNRP. The declaration sought is: When determining the loc...