Search Results

1. TO v OM Ltd [2021] NZDT 1698 (20 May 2021) [pdf, 196 KB]

   ...that were promotional offers that came with the camera. He checked his account and discovered that $5,972.00 had been deducted. He raised the issue with the store manager, but was told that the there was nothing he could do and that the eftpos card service provider would reverse the transaction, usually overnight. The transactions were not reversed however, until 2 December. 2. TO said that as the funds were removed from his account, he was unable to take advantage of Black Friday s...

2. BI v O Ltd [2024] NZDT 269 (27 February 2024) [pdf, 182 KB]

   ...windscreen. 3. The issues for the Disputes Tribunal to determine are; a) whether OX took all reasonable precautions when repairing the chip? b) whether OX reasonably disclosed the consequences if the chip was not repaired? c) Whether the service was reasonable? 4. The relevant law is the Consumer Guarantees Act 1993.In that services are to be provided with reasonable care and skill. whether OX took all reasonable precautions when repairing the chip? 5. I find that...

3. NO v UM [2023] NZDT 629 (21 November 2023) [pdf, 187 KB]

   ...1988) ORDER OF DISPUTES TRIBUNAL [2023] NZDT 629 APPLICANT NO RESPONDENT UM The Tribunal orders: UM is to pay $900.00 to NO by no later than 20th December 2023. Reasons: 1. UM engaged NO, who operates a gardening services business trading as “BN”, to undertake gardening work on her property. She sent photos to NO showing the section and the tidying up work that was required. 2. A written quote in the amount of $1,200.00 was provided to UM whic...

4. IQ & OU v EQ [2022] NZDT 278 (19 December 2022) [pdf, 183 KB]

   ...and OU entitled to claim a refund of their $2,000.00 deposit? Was the service provided by EQ on time or within a reasonable timeframe? 4. The Consumer Guarantees Act 1993 (CGA) applies if a person is a ‘consumer’ and the person from whom services are obtained, is a supplier. A consumer is defined in s 2 as a person who “acquires from a supplier goods or services of a kind ordinarily acquired for personal, domestic or household use”. A person in trade is defined as a person i...

5. BG v P Ltd [2024] NZDT 638 (2 September 2024) [pdf, 144 KB]

   ...BG against P Ltd is dismissed. Reasons 1. ED, made upper and lower dentures for BG. BG now brings a claim against P Ltd which is the respondent company, in the sum of $4000.00. 2. The issues to be resolved are: (a) Did ED provide their services with reasonable care and skill and were the dentures reasonably fit for purpose? (c) If not, what is the remedy? Did ED provide their services with reasonable care and skill and were the dentures reasonably fit for purpose? 3....

6. CAA-Guide-to-making-an-appeal-v2.pdf [pdf, 205 KB]

   Using this guide This guide will provide you with the information needed to complete your notice of appeal application form against a decision of the Customs Appeal Authority (CAA). Are you unhappy with a ruling of the New Zealand Customs Service? The Customs Appeal Authority (CAA) is an independent judicial body administered by the Ministry of Justice. It hears appeals against decisions, assessments, rulings, determinations, or directions of the Chief Executive. Appeals before the...

7. BS & CS v C Ltd [2024] NZDT 314 (20 April 2024) [pdf, 91 KB]

   ...for N, registering her on lost-and-found sites, contacting the authorities, and posting reward banners, but to no avail. They now claim $3,445.70 in damages from the supplier. 5. The issues to be determined are: a) Did the supplier carry out the services with reasonable care and skill? b) What sum, if any, must the supplier pay to the consumers? Did the supplier carry out the services with reasonable care and skill? 6. Section 28 of the Consumer Guarantees Act 1993 (CGA) provides th...

8. LM v S Ltd [2025] NZDT 86 (28 May 2025) [pdf, 197 KB]

   ...the top. It is for the Tribunal to determine if S Ltd are liable to pay the amount claimed. Are S Ltd liable to compensate LM to enable her to replace the top? 2. S Ltd have an obligation under the Consumer Guarantees Act 1993 to provide a service with reasonable care and skill. This includes following the customer’s specific instructions. 3. LN, Managing Director of S Ltd, stated the top came in with a lot of mould, which degrades the colour and fabric. They had attempted...

9. 2. Ngati Paoa Trust Board's section 274 notice - Americas Cup proceedings - waiver of time - 6 September [pdf, 107 KB]

   ...[2018] NZEnvC 81 (but providing for context in respect of this application) (also attached). 3 DATED 6 September 2018 _____________________________ J D K Gardner-Hopkins Counsel for the Board The Board’s address for service is C/- James Gardner-Hopkins, Barrister, PO Box 25-160, Wellington 6011. Documents for service on the Board may be left at that address for service or may be emailed to james@jghbarrister.com. Service by email is preferred, with recei...

10. MD v D Ltd [2019] NZDT 1513 (12 August 2019) [pdf, 194 KB]

    ...Limited The Tribunal hereby orders: D Limited is to pay MD $5,615.75 on or before Monday 26 August 2019. Reasons: [1] MD purchased from D Limited (DL) Club Credits to the value of $6,320.00 plus GST in respect of Boat charter services. He also paid to DL a Club fee of $500.00 plus GST. The charter services were not provided by DL and despite DL agreeing to make a refund of the amount paid to MD that did not occur. [2] MD has lodged a claim with the Disputes Tribun...