Search Results

1. FD Ltd v UD [2023] NZDT 121 (3 March 2023) [pdf, 100 KB]

   ...APPLICANT FD Ltd RESPONDENT UD The Tribunal orders: UD is to pay the sum of $3,720.00 to FD Ltd on or before Thursday 23 March 2023. Reasons: 1. On 12 September 2022, UD, who was a prisoner on probation, signed an Agreement for Services to work as an independent contractor for FD Ltd for a period of two years. He needed a work car, and on 6 November 2022, he signed a Used Car Sales Agreement to purchase a [Car] from FD Ltd for $4,500.00. The price was to be paid at $130...

2. OIA-109789.pdf [pdf, 910 KB]

   ...was clarified in the original request, could the figure please include both active and disposed cases. Your request has been referred to me for response, as it falls within my responsibilities as Group Manager, Courts and Tribunals, Regional Service Delivery, and is being managed in accordance with the provisions of the Act. I understand this request is seeking an update on data that was provided to you on 21 August 2023 (OIA 105785). On 5 March 2024, the Ministry advised you...

3. [2018] NZEnvC 121 Albert Road Investments Ltd v Auckland Council [pdf, 1.4 MB]

   ...electricity network supplier responsible for the area, that provision of an electric supply can be made available by underground means to Lot 2 and the network supplier's requirements for making such means of supply available. Provide for telephone (b) Written confirmation shall be provided from the telecommunications network supplier responsible for the area, that provision of telephone services can be made available by underground means to Lot 2 and the network supplier's r...

4. NK v EI Ltd [2021] NZDT 1464 (10 February 2021) [pdf, 196 KB]

   ...repair? d) Is NK entitled to the remedies under the Consumer Guarantees Act? e) Is NK entitled to the sum claimed? Was the repair of the rust by EI Ltd carried out with reasonable care and skill? 4. This claim concerns a contract for the supply of services. The Consumer Guarantees Act 1993 (CGA) implies into all consumer contracts a set of minimum standards (guarantees) for goods and services when they are supplied in trade to consumers. 5. A consumer under the CGA includes a p...

5. TD v DJ Ltd [2022] NZDT 167 (13 October 2022) [pdf, 163 KB]

   ...8. The term of the agreement provides that vehicles are parked at the owner’s risk. Nevertheless, DJ Ltd are bound by section 28 of the Consumer Guarantees Act 1993 that provides that when an entity that is in trade supplies a consumer with a service, there is a guarantee that it will use reasonable care and skill. The service that DJ Ltd provided was an open-air car park that was not fenced off from the street and open to the public to walk through. The car park is convenient becau...

6. OIA-109711.pdf [pdf, 922 KB]

   ...Welfare Act 1999 and Animal Welfare (Care and Procedures) Regulations 2018, for the past five completed financial years. In response to your request, attached is an excel spreadsheet with the data requested (three data tables, plus a list of Justice Services Areas), which you can use as you see fit. However, it is provided on the condition that you do not change or alter the source data. Please note the information provided to you is based on Tier 1 statistics and has been broken d...

7. KT v U Ltd [2024] NZDT 731 (17 September 2024) [pdf, 187 KB]

   ...guarantee by failing to inform her that petrol will leak out if the generator does not remain upright, is not proved. None of the guarantees above refer to that type of obligation on a supplier. By contrast, the CGA guarantees regarding the supply of services to a consumer include a guarantee as to reasonable care and skill. Care and skill regarding services may include warnings in some circumstances. For example, the supply of a concrete driveway involves the supply of concrete (goods...

8. KH v N Ltd [2024] NZDT 420 (4 March 2024) [pdf, 142 KB]

   ...The Tribunal orders: KH is to pay N Ltd the sum of $18,711.24 within 21 days of the date of this order. Reasons 1. The applicant contracted the respondent to transport a mobile home from [City 1] in the [Country] to [City 2] (“the freight service”). 2. The respondent invoiced the applicant $33,314.21 for the freight service (“the cost”). 3. The applicant made a part payment of $12,000.00 but: a) became confused about how the expected freight cost had varied so sig...

9. SU v WC [2022] NZDT 215 (21 November 2022) [pdf, 110 KB]

   ...appears to have ended at that time. 10. TN did not receive the requested breakdown and using his own account with [Redacted], calculated the balance after the materials to be the sum claimed. 11. The Consumer Guarantees Act 1993 provides that services by a person in trade, must be carried out with reasonable care and skill. 12. SU must prove her claim on the balance of probabilities. That means she must prove that it is more likely than not that the work that was completed was n...

10. BT Ltd v X Ltd [2022] NZDT 131 (8 September 2022) [pdf, 106 KB]

    ...dated 31 May 2022 and 30 June 2022. X Ltd filed a late counterclaim for hours LN claimed to have worked while in isolation, on public holidays, and for time spent on projects that it submitted were excessive. 2. LN said X Ltd had engaged his services as a contractor prior to engaging him full time. As a contractor he charged an hourly rate of approximately $170.00. He specified in his claim that the director of X Ltd, NM, asked him to work full time for the company at an agreed hour...