Search Results

1. BC v SL & XB Ltd [2023] NZDT 568 (14 November 2023) [pdf, 177 KB]

   ...replacement of the thermostat (and any other required work to address the overheating) was not a result of their work on the vehicle. The claim is therefore dismissed. Referee Perfect Date: 14 November 2023 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 f...

2. KD & KX v B Ltd [2023] NZDT 533 (21 September 2023) [pdf, 184 KB]

   ...carriage are clear that it is the responsibility of the passenger to get to the departure gate on time. KX and KD accept this. 7. To comply with the guarantees under s.28 (CGA 1993), B Ltd had to take reasonable care to ensure that KX and KD were informed when the flight was departing. CI0301_CIV_DCDT_Order Page 2 of 3 8. I find B Ltd did take reasonable steps to notify KX and KD about the updated departure time so that they could get to the gate on time. 9. I make thi...

3. Q Ltd v UB [2023] NZDT 564 (21 November 2023) [pdf, 217 KB]

   ...additional cleaning charges justified? 5. I find that Q Ltd is contractually entitled to charge for additional cleaning required under clause 3(g)(iii) of their terms and conditions and find further that they have provided sufficient evidence in the form of photographs and detail of staff hours incurred to justify the charge of $612.50+GST. CI0301_CIV_DCDT_Order Page 2 of 3 6. The hirers were required to leave the venue in ‘good, clean and tidy condition’ and they did not....

4. TN v N Ltd [2023] NZDT 596 (23 November 2023) [pdf, 149 KB]

   ...authorised third parties must not attempt to repair the product. Examples of faults which are not included in the warranty Damage caused by water seepage from using a high pressure washer or from being submerged underwater, for example when heavy rain forms pools of water damage. Damage caused by lightning damage Damage caused by improper battery storage or battery handling damage caused by using a battery that is not [lawn mover] original battery damage. Damage caused by not using [l...

5. KC v M Ltd [2023] NZDT 494 (3 October 2023) [pdf, 202 KB]

   ...an early termination fee for this year long commitment is payable I find, in the particular circumstances of this dispute, that $200.00 is a reasonable termination fee. Referee: Hayes Date: 3 October 2023 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 re...

6. Criminal-Proceeds-Recovery-Amendment-Act-2023.pdf [pdf, 228 KB]

   ...for introduction [CAB-22-MIN- 0366 refers]. The associated paper noted that regulations were required, and the Act included a delayed commencement to allow regulations to be made. 5 No new policy decisions are required, as the Regulations prescribe forms for the new orders created by the Act. Section 173 of CPRA allows regulations to be made by Order in Council. The Regulations also make some minor amendments to existing forms, to reflect the amendments in the Act. I N C O N F I D...

7. AZ v S Ltd [2023] NZDT 268 (28 June 2023) [pdf, 179 KB]

   ...the water damage as being due to a water leak that was gradual in nature. The report indicates that the damage was hidden, and that the insured should not have necessarily known about it earlier. The evidence presented is that the tenants did not inform S Ltd of the leak. However, in a later conversation with AZ they told her that they had noticed it around two months prior to moving out. 8. S Ltd’s inspection took place in late April 2022. The leak wasn’t noted then, and there is...

8. EN & ND v QI & MI [2023] NZDT 272 (21 July 2023) [pdf, 181 KB]

   ...unable to award costs of this type because of section 43 of the Disputes Tribunal Act 1988. There are some exceptions to this but none of them apply in this case. Referee: M Wilson Date: 21 July 2023 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 reh...

9. XN v C Ltd [2023] NZDT 273 (20 June 2023) [pdf, 198 KB]

   ...to be determined were as follows: a. Did the Respondent cause the damage as alleged? b. If so, then what is an appropriate amount to be paid by way of compensation? Did the Respondent cause the damage as alleged? 4. A person in trade performing work on a car for a customer owes a duty, whether in contract or the general law of tort, not to damage the car being worked upon. It might also be a breach of the Consumer Guarantees Act 1993. However, in a Tribunal or Court hearing ab...

10. TL v C Ltd [2023] NZDT 90 (17 March 2023) [pdf, 200 KB]

    ...of the $625.00 deposit. 6. TL’s claim was for $670.00. The balance was the tribunal filing fee. Under s43 of the Disputes Tribunal Act 2008 a party cannot recover the filing fee. Therefore, I cannot award the amount of the fee. Other information 7. EL mentioned there were signs in the shop with its store policy that says if items were not paid for at least 2 weeks before delivery, the customer cannot make a claim (or blame them). I told him signs such as these cannot overrid...