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  1. M Ltd v ON [2023] NZDT 389 (21 September 2023) [pdf, 113 KB]

    ...digger, and claims compensation. [2] XC said that he saw the digger advertised on Trademe in March 2022 at a price of $7,000.00. He contacted ON, who had placed the advertisement. In response to his enquiry, ON said that the digger had been regularly serviced. XC produced a copy of an email message from ON, who stated that “Yes, it had been serviced regularly..”. The parties agreed a price of $6,500.00, and the digger was sent to [City]. [3] XC then arranged for N Ltd, a company t...

  2. Duty lawyer instructions for Tauranga District Court [pdf, 87 KB]

    Tauranga final duty lawyer instructions – January 2012 1 of 6 Tauranga District Court: Duty Lawyer Instructions applicable from 6 February 2012 Authority for the duty lawyer service 1. Under section 68(2)(b) of the Legal Services Act 2011, the Secretary for Justice has gazetted by notice the duty lawyer service as a specified legal service. 2. The Gazette notice specifies that the object of the duty lawyer service is to ensure that a sufficient number of lawyers...

  3. QX v XN Ltd [2024] NZDT 110 (16 April 2024) [pdf, 207 KB]

    ...quality? 3. There is not enough evidence to support a finding that the motorhome was not of acceptable quality. This is because the motorhome had not been maintained as a reasonable consumer would expect, and it is possible that if it had been serviced, any problem with the hose clamp would have been detected and damage to the motorhome might have been avoided. 4. The Consumer Guarantees Act 1993 (CGA) provides that a claim may be made against a manufacturer of goods if the goods...

  4. [2024] NZEmpC 84 E Tū Inc v Singh [pdf, 378 KB]

    ...to later. [8] Before considering issues of justification it is necessary to understand the facts, and the context in which events unfolded. The facts [9] On initial appointment Mr Singh worked in E tū’s contact centre, dealing with telephone enquiries. In March the following year he moved to an organiser role out in the field. He worked within an allocated area, which included Auckland and Hamilton, and focused on organising representation and advocacy for union members....

  5. OIA-124619.pdf [pdf, 9.8 MB]

    ...requirement based on the alcohol content of the product sold – research indicates increasing the price by 10% could result in a reduction in violent victimisations of between 5,000 and 10,000 • progress work on disallowing the use of Buy Now, Pay Later services for purchasing alcohol – as a measure to reduce the availability of alcohol, and • strengthen existing settings for remote sales of alcohol – so that they are fit-for-purpose and effective in the current retail market. 6...

  6. DB v FX [2018] NZDT 1489 (3 December 2018) [pdf, 184 KB]

    ...of $1,393.80 to DB on or before Monday 17 December 2018. Reasons: 1. On 16 June 2018, DB and his partner purchased a 2003 Honda [car] (Redacted) from FX via an auction on TradeMe for $3,130.00. The listing stated that the car had been regularly serviced. In response to a question from another trader, FX had stated that the car had “no mechanical issues at all” and that she had owned it for four years after buying it from a friend, and had reiterated that it had been regularly serv...

  7. EC v NI [2023] NZDT 734 (14 December 2023) [pdf, 189 KB]

    ...tall fescue seed. This work was carried out May 2023 and an invoice was sent for payment of $3429.12 on 13 May 2023. 2. NI paid $1610, with holding $1819.12 for the hydroseed work. 3. EC claims $1819.12 from NI on the basis he provided the service and payment should have been made within 7 days of completion of the job. 4. The issues to be resolved are: a. Was the job carried out with reasonable care and skill and was it fit for purpose? b. If not, is any payment due?...

  8. SN v G Ltd [2023] NZDT 645 (25 October 2023) [pdf, 184 KB]

    ...TRIBUNAL [2023] NZDT 645 APPLICANT SN RESPONDENT G Ltd The Tribunal orders: 1. G Ltd is to pay $2,139.00 to SN on or before 4pm 13 November 2023. Reasons: 2. In April 2022 SN engaged G Ltd to supply plumbing services in her house for which she was invoiced for $3,017.63. SN said the shower tray was not levelled when it was installed and as a result, water did not flow to the waste outlet, there was a gap between the shower door and the base which w...

  9. TU v I Ltd [2023] NZDT 670 (8 December 2023) [pdf, 187 KB]

    ...correctly and has not throughout the duration of its use, despite extensive attempts to remedy the issues, that under the Consumer Guarantees Act, the guarantee that a product is fit for purpose has been breached. Furthermore, TU submits that the services provided by I Ltd to remedy the issues have been unsatisfactory. At the time TU lodged his claim with the Tribunal, the system had not been operational for five months. 4. Evidence of communications between TU and NG, and other...

  10. ES Ltd v OH & TH [2024] NZDT 214 (28 March 2024) [pdf, 134 KB]

    ...[10] I must consider whether ES Ltd is entitled to payment of the balance of its account, and whether the respondents are entitled to the compensation that they seek. The law [11] The Consumer Guarantees Act 1993 (“the CGA”) applies to the services supplied by ES Ltd to OH and TH. The CGA imposes guarantees, where tradespersons supply services to consumers, that the services will be provided with reasonable care and skill, and the result of the services will be fit for its purpose...