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1. 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...

2. 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...

3. 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...

4. 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

5. 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...

6. [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...

7. OF v D Ltd [2019] NZDT 1405 (9 August 2019) [pdf, 223 KB]

   ...over and above a reasonable tolerance from the estimate. 20. In addition, Mr G’s company was operating “in trade” in supplying services to OF as a car restorer. His work was accordingly subject to the statutory warranties contained in the Consumer Guarantees Act 1993 to provide services with reasonable skill and care (s28), and the obligations set out in the Fair Trading Act 1986 not to mislead (ss9-13). 21. As a rule of thumb, an estimate is considered to have been a misre...

8. FN & NH v K Ltd & O Ltd [2023] NZDT 466 (25 August 2023) [pdf, 247 KB]

   ...21. O Ltd and K Ltd were obliged to exercise reasonable care and skill in the services that they provided to NH and FN.1 22. There are two strands to the argument put forward by NH and FN that O Ltd and K Ltd failed to meet that standard: 1 Consumer Guarantees Act 1993, section 28 CI0301_CIV_DCDT_Order Page 3 of 6 a. That ZB unilaterally decided, or that he influenced / persuaded NH and FN to agree, to use the existing fence as the boundary line between Lot 1 and Lot...

9. TL v OC Ltd [2023] NZDT 775 (14 December 2023) [pdf, 235 KB]

   ...WS concluded that a different product, ‘[Product 2]’ had been used. [Product 1] is a penetrating product, whereas [Product 2] sits on the surface of the timber and requires a special primer to be used. Law 6. The law of contract and the Consumer Guarantees Act 1993 apply. If the contract specifies a particular product, then the supplier is liable for any losses resulting from the incorrect product being used. The CGA also provides for an implied guarantee in consumer contract...

10. BORA Dairy Industry Restructuring Amendment Bill [pdf, 87 KB]

    ...whether the provisions in subparts 5 and 5A should be retained, repealed, or amended. 7. The Bill also makes a number of minor and technical changes to support subparts 5 and 5A. It also revokes the Herd Testing Regulations 1958 and provides for consequential amendments to the Dairy Industry (Herd Testing and New Zealand Dairy Core Database) Regulations 2001. 8. The Bill also amends the Dairy Restructuring (Raw Milk) Regulations 2012 to: a. reduce independent processors’ eligibility...