Search Results

1. DQ v MD [2024] NZDT 47 (12 January 2024) [pdf, 93 KB]

   ...What was agreed regarding the time for delivery? b) Is DQ entitled to a refund? What was agreed regarding the time for delivery? 4. The common law of contract allows parties to enter into legally binding agreements. A contract does not require a formal written document, and I accept that a binding contractual agreement was formed between MD and DQ via text messages and emails. 5. The initial message sent by DQ on 5 July 2023 stated, “We have [sporting event] coming up in Sep &...

2. DQ v C Ltd [2024] NZDT 642 (9 September 2024) [pdf, 172 KB]

   ...RESPONDENT C Ltd T/A EN The Tribunal orders: The claim is dismissed. Reasons: 1. DQ bought a [petrol car] from EN in November 2021. In June 2024 DQ’s car broke down. He received roadside assistance from U Ltd who informed him the current battery installed in the car was incorrect and was for a [hybrid car] and not for a petrol car. 2. DQ claims he was sold a car with a battery that was not fit for purpose and now claims in the Disputes Tribunal for $757...

3. UI v BC [2024] NZDT 331 (30 April 2024) [pdf, 201 KB]

   ...both fraudulent and innocent misrepresentations. It is more likely that the misrepresentations by BC were innocent, not fraudulent. Referee: B M Smallbone Date: Tuesday, 30 April 2024 Page 3 of 3 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...

4. 20240911-Smokefree-Environments-and-Regulated-Products-Amendment-Bill-No-2.pdf [pdf, 307 KB]

   ...on how information about ‘regulated products’ offered for internet sale is to be provided. 10. These clauses limit freedom of expression in a number of ways. Advertisements and communications to customers through visibility of products are forms of expression, and prohibition or regulation of their content engages s 14 of the Bill of Rights Act. Are the limitations justified and proportionate under s 5 of the Bill of Rights Act? 11. A provision found to limit a particular right...

5. ZA v UU Ltd [2024] NZDT 392 (12 June 2024) [pdf, 131 KB]

   ...This was generous rather than an admission of liability. UU Ltd agreed to make the goodwill payment even if the claim was dismissed. Referee: B M Smallbone Date: Wednesday, 12 June 2024 Page 3 of 3 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 r...

6. TI v T Ltd [2024] NZDT 580 (16 July 2024) [pdf, 171 KB]

   ...would view as a clear aesthetic flaw. 6. Since the consumer has been unable to prove a failure to comply with the CGA guarantees, the claim must be dismissed. Referee: E Paton-Simpson Date: 16 July 2024 Page 2 of 2 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 reh...

7. What happens at a hearing

   On this page: Hearing location Who should attend the hearing Who can give evidence Evidence that can be presented What happens at the hearing What you should bring to the hearing Requests for adjournments Hearings are held in public and usually take 1 to 2 hours, depending on how complex the case is. The Tribunal also has the power to hear cases on the papers. If all parties agree to this process then that means you do not have to attend a formal hearing in a courtroom and the Tribunal c...

   Located in:

   1. Tribunals >
   2. Motor Vehicle Disputes Tribunal >
   3. What happens next

8. FI v S Ltd [2025] NZDT 13 (9 April 2025) [pdf, 94 KB]

   ...orders: S Ltd is ordered to pay FI the sum of $559.00. Payment of this sum is ordered no later than 30 April 2025. Reasons: 1) In February 2024 the applicant bought a water distiller from the respondent. In July last year, the applicant noticed rust forming inside the wall of the distiller’s stainless steel boiling chamber. Ongoing efforts to clean the rust have not been successful. In November 2024 the distiller started making a rattling noise in its condenser unit. It also failed to...

9. BX & EX v HT [2025] NZDT 17 (7 February 2025) [pdf, 117 KB]

   ...12(1) of the Act says notice may be delivered either personally or by posting it by registered letter. 4. The Act does not define ‘personally’ but the Contract and Commercial Law Act 2017 at s224 says a legal requirement to give information in writing is met by giving the information in electronic form, whether by means of an electronic communication or otherwise. 5. Ss(b) of that section says the person to whom the information is required to be given consents to th...

10. Attachment orders

    ...judgment order is made, details of the attachment order can be recorded in the order or judgment.  You must both agree on: how much will be deducted how often it will be deducted: weekly, fortnightly or monthly. The agreed attachment order forms part of your judgment order You can file the judgment order with the agreed attachment order as soon as possible after the hearing, before the 48 hour stand-down period, by: filing it at the district court and paying the fee in person posti...

    Located in:

    1. Fines & payments >
    2. About civil debt >
    3. Collect civil debt