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1. MN v LO [2024] NZDT 199 (12 March 2024) [pdf, 143 KB]

   ...and therefore the remedy of cancelling the contract and obtaining a refund is not available to MN. 6. However, there is relief available for a buyer of goods in a private sale when a misrepresentation is made in the process of the contract being formed. In that case, a buyer who has purchased in reliance on that misrepresentation may have a remedy under section 35 of the CCLA. That section provides that when someone has been induced to enter a contract by a misrepresentation, whether...

2. ZS & U Ltd v NU Ltd [2022] NZDT 73 (24 March 2022) [pdf, 169 KB]

   ...The Tribunal orders: The claim is dismissed. Reasons: 1. ZS’s car was damaged. Repairs were arranged by her car dealership, KN, with the repairs undertaken by NU Ltd. 2. NU Ltd contacted KN about 3pm on Friday 17 September 2021, to inform them that the repairs had been completed and the car was ready for collection. KN advised ZS of that fact by text message. 3. As she was too busy to collect the car that afternoon, ZS left the vehicle at NU Ltd over the weekend. During...

3. X School v H Ltd [2023] NZDT 338 (13 July 2023) [pdf, 199 KB]

   ...funds? iii. Did H’s failure to notify X when costs exceeded available funds cause a loss? CI0301_CIV_DCDT_Order Page 2 of 4 9. The law of contract is central to this dispute. The contract signed between the parties was titled, “short form agreement for consultant engagement.” The parties are familiar with contracts. Was H the project manager? 10. It was clear that H was the project manager. The Ministry of Education requires that a project manager be appointed to larg...

4. ED v G Council [2023] NZDT 558 (24 November 2023) [pdf, 228 KB]

   ...enactment”. 13. Accordingly, the Tribunal has no jurisdiction in relation to ED’s declaration of non-liability and Council’s monetary claim. Referee: Ms Gayatri Jaduram Date: 24 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 for a rehe...

5. 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...

6. 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...

7. 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....

8. 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...

9. 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...

10. 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...