Search Results

1. [2019] NZCAA 1 (18 January 2019) [pdf, 216 KB]

   ...issue does not lie with the nature of the item, only one attribute of the item. [27] Each case must turn on its facts, with a full consideration of the circumstances. [28] Customs’ main concern is that releasing the vehicle would leave consumers vulnerable. Potentially, the vehicle could be released in circumstances that mitigate those concerns, such as release only allowing the sale for parts, and potentially other orders. [29] It is necessary to put this importation into p...

2. NT v HS [2020] NZDT 1312 (21 October 2020) [pdf, 270 KB]

   ...It took some time for the horse to recover. 3. NT seeks a refund of the horse, plus remedial costs, or alternatively, remedial costs, plus training fees to bring the horse back into work. 4. The issues to be resolved are: (a) Does the Consumer Guarantees Act 1993 apply to the sale? (b) Was the horse of acceptable quality and fit for purpose, as those terms are defined in the CGA? (c) Are both parties “in trade”? (d) If so, did clause 7.9 of the [redacted] conditio...

3. 2021-07-06 ORC - Position on Objective, CWS & Hydro [pdf, 251 KB]

   ...spatial plans; (iii) How the water supply network is planned and managed to minimise water losses as far as practicable; (iv) Water conservation measures to reduce the demand for the taking of water such as leak detection and repair, metering and consumer education to increase the efficient use of water by end users; (v) Where climatic conditions support this as a practical option, opportunities for water storage by the permit holder and end users during periods of high water avail...

4. 2021-07-06 ORC - Position on Objective, CWS & Hydro - amended [pdf, 252 KB]

   ...spatial plans; (iii) How the water supply network is planned and managed to minimise water losses as far as practicable; (iv) Water conservation measures to reduce the demand for the taking of water such as leak detection and repair, metering and consumer education to increase the efficient use of water by end users; (v) Where climatic conditions support this as a practical option, opportunities for water storage by the permit holder and end users during periods of high water avail...

5. MN Ltd v QN & EN [2021] NZDT 1440 (27 April 2021) [pdf, 256 KB]

   ...in the context of both the claim and the counterclaim, with consideration at the end as to whether the counterclaim is made out independently of the claim. 5. As a preliminary matter, an issue raised was whether the contract was subject to the consumer remedies for residential building work (Part 4A) under the Building Act 2004. Section 362C of that Act provides that nothing in that part derogates from the Consumer Guarantees Act 1993 (CGA). Therefore, if the claim and counterclaim a...

6. NZ BORA Advice - Electricity Industry Amendment Bill [pdf, 154 KB]

   ...Under the principal Act, the Electricity Authority (the Authority) is the regulator and has the statutory objective of promoting competition in, reliable supply by, and the efficient operation of, the electricity industry for the long-term benefit of consumers. The Bill was drafted in response to a review of whether the electricity sector is delivering fair and equitable prices to consumers. 6. The Bill aims to remove ambiguity in the Authority’s ability to regulate industry participan...

7. Regulatory Systems Amendment Bill [pdf, 218 KB]

   ...assessors. 17. District Court Act 2016 Clarify that an enactment that provides for access to or provision of information (information gathering powers) does not extend to court or judicial information (as defined in the Act). The Bill consequentially amends the Inspector-General of Defence Act 2023 to reflect this change. Remove the risk that other legislation might inadvertently capture court or judicial information which belongs to the judiciary rather than to the...

8. MH & QH v I Ltd [2023] NZDT 597 (2 November 2023) [pdf, 208 KB]

   ...has been far outweighed by the time that they have put into dealing with these issues and the stress of worrying about the pergola. I consider that the use that they have had is equal to the worry and stress. 20. MH & QH are also entitled to consequential losses. They do not want I Ltd to dismantle the pergola, they have provided quotes for removal of the pergola and reinstatement of the deck from their builder of $1,357.00, bricklaying costs of $851.00 and removal of the electrica...

9. SM v D Ltd [2023] NZDT 155 (10 May 2023) [pdf, 229 KB]

   ...the applicants to bring the claim within the jurisdiction of the Disputes Tribunal. CI0301_CIV_DCDT_Order Page 2 of 4 5. The issues to be determined are: • Did D Ltd carry out its service with reasonable care and skill as per the Consumer Guarantees Act 1993 (CGA)? • Was any failure of CGA guarantee one of substantial character? • What remedy is available to SM/GN? Did D Ltd carry out its service with reasonable care and skill as per the Consumer Guarantees...

10. ACG Ltd v ZXX Ltd [2011] NZDT 157 (9 May 2011) [pdf, 112 KB]

    ...respect, the argument is not whether or not the product was fit for purpose but rather whether or not the product supplied was in fact the product that was ordered in the first place. [10] The bulk of ACG Ltd’s claim for compensation comprises consequential losses arising out of rebottling affected product. RT argued that ZXX Ltd’s terms and conditions, which ACG Ltd agreed to when it applied for a trading account with ZXX Ltd, expressly excludes liability for indirect and c...