ND v MI Ltd [2024] NZDT 267 (8 May 2024) [pdf, 191 KB]
...The first factor is the nature of the item. This is a kit that contains bee cocoons and this is different to a manufactured inanimate product. As a seller, MI Ltd will have limited control over the item’s life cycle and its viability may depend on environmental factors which are also beyond anyone’s control. 11. The second factor I consider are the representations made by the seller. I see that on the website, this item is described as follows: Introducing our [garden kit], a c...