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1. MX & MY v F Ltd [2023] NZDT 622 (17 November 2023) [pdf, 103 KB]

   ...what is the remedy? Did the company fail to exercise reasonable care and skill and/or fail to provide an outcome that was reasonably fit for purpose? 4. Section 28 of the Consumer Guarantees Act 1993 (CGA) provides that services must be performed with reasonable care and skill. Broadly “reasonable” means the standard of care and skill a reasonable consumer would expect of a reasonable service provider. The guarantee under section 29 of the CGA requires that services and any pro...

2. EX & OI v D Ltd & BD [2023] NZDT 648 (9 November 2023) [pdf, 202 KB]

   ...Guarantees Act 1993 does not apply. If not, did EX misrepresent the condition of the engine? 19. The law relevant to this claim is the general law of contract and the Contractual and Commercial Law Act 2017 (CCLA). A contract is a binding commitment formed by an offer made by one party and a subsequent acceptance by the other party. There is a well-known principle of contract law which is “caveat emptor” or “let the buyer beware”. This implies that the buyer must be cautiou...

3. P Ltd v AH & LH [2023] NZDT 51 (31 January 2023) [pdf, 120 KB]

   ...Ltd introduce the purchaser to TC? 3. The general law of contract applies. A contract, or legally binding obligation, is created by an offer, acceptance, exchange of value, and an intention to create legal relations. A legally binding contract is formed when both parties intend to contract on agreed terms and intend for those terms to be legally binding. The terms of a contract are formed at the beginning, not at the end. What was agreed is looked at objectively, i.e. by looking at what...

4. MD v KC [2024] NZDT 41 (23 February 2024) [pdf, 227 KB]

   ...says that MD was warned on an earlier occasion that drug use in the house was not acceptable. KC says that the claim for cleaning arises only because MD continued to use drugs inside the house after this warning. 7. Contracts can come in many forms. Sometimes they are written, other times there is only a discussion or there may be a combination of written and oral terms. In addition, the law of contract allows for implied terms. Implied terms are those so obviously required that it i...

5. W Ltd v Z Ltd [2024] NZDT 251 (19 March 2024) [pdf, 199 KB]

   ...ORDER OF DISPUTES TRIBUNAL [2024] NZDT 251 APPLICANT W Ltd RESPONDENT Z Ltd The Tribunal orders: Z Ltd is to pay $8,610.17 to W Ltd before 19 April 2024. Reasons 1. Z Ltd approached W Ltd regarding having a large format digital billboard placed on its premises at [location]. 2. On 21 June 2023 W Ltd provided to Z Ltd, by email, the estimated costs for gaining resource consent. UV for Z Ltd responded, by email, ‘yes please proceed the application’....

6. LT v OT Ltd [2023] NZDT 356 (23 May 2023) [pdf, 185 KB]

   ...applicant how much access was needed to deliver a sofa of this size. Has the applicant repudiated the contract? 8. Section 36 of the CCLA sets out that where a party to a contract repudiates it by making it clear that they do not intend to perform their part of the contract, the other party may cancel. 9. In this case, I find that the applicant repudiated the contract by making it clear that she was not going to accept delivery of the sofa. The applicant told the Tribunal that...

7. SQ v KL & L Ltd [2023] NZDT 180 (22 June 2023) [pdf, 196 KB]

   ...after ‘the contract completion date in February 2022. That invoice listed the Council inspection costs which required KL’s presence as the LBP. The invoice also listed $2,883.20 for hours for Council liaising; costs for requests for further information for $2,605.44 and other costs including milage, administration, stationary and a ps3 package and ps4 certificate. 13. I have considered both L Ltd’s and SQ’s written, and oral submissions and I am satisfied that SQ has proved tha...

8. MX v X Ltd [2023] NZDT 251 (28 April 2023) [pdf, 241 KB]

   ...as there is no evidence the failure was substantial in any way, I find the claim must be dismissed. CI0301_CIV_DCDT_Order Page 3 of 4 Referee: K. Edwards Date: 28 April 2023 Page 4 of 4 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 re...

9. BX & MT v MI [2024] NZDT 35 (22 January 2024) [pdf, 201 KB]

   ...included as a chattel. Did the respondent misrepresent the insulation under the floor? 20. The law relevant to this claim is the general law of contract and the Contract and Commercial Law Act 2017 (CCLA). A contract is a binding commitment formed by an offer made by one party and a subsequent acceptance by the other party. There is a well-known principle of contract law which is “caveat emptor” or “let the buyer beware”. This implies that the buyer must be cautious, as t...

10. Family violence programmes December 2023 [xlsx, 69 KB]

    ...completions, 2015 - 2023 Table 3: Number of child safety programme referrals, assessments and completions, 2015 - 2023 Table 4: Number of strengthening safety services referrals and completions, 2015 - 2023 Definitions and data notes If this information does not answer your query you may wish to request specific information via an Official Information Act request. Information on this process is available on the Ministry website: https://www.justice.govt.nz/about/official-information-ac...