Search Results

1. EF v CQ & BQ [2022] NZDT 233 (29 November 2022) [pdf, 105 KB]

   ...(except for new-builds where specific law applies). However, the sale and purchase agreement in this case contains the standard vendor warranties at clause 7.3(1) in relation to chattels and other “plant, equipment, systems or devices which provide any services or amenities to the property…” – the requirement is that they are delivered to the purchaser in “reasonable working order”. 6. The issue is which of the items that EF claims for, fall within the above definition in cl...

2. T Ltd v TN [2022] NZDT 101 (9 September 2022) [pdf, 174 KB]

   ...to ask for a quotation if she wanted to preapprove the cost. I therefore find that T Ltd did not charge for any unauthorised work. Did T Ltd carry out the work with reasonable care and skill, and was it fit for the purpose? 8. Since septic tank services are ordinarily acquired for personal, domestic, or household use or consumption, the Consumer Guarantees Act 1993 (CGA) applies. CGA 28 provides that where services are supplied to a consumer, there is a guarantee that the service will...

3. BL v GG Ltd [2022] NZDT 200 (5 December 2022) [pdf, 176 KB]

   ...emails between BL and a staff member (WI). KB states WI provided full disclosure as to what the CI0301_CIV_DCDT_Order Page 2 of 3 membership included and what savings would be if BL paid cash up front. KB told the Tribunal BL used some of the services during January 2021. 6. GG Ltd did not provide any written contract between the parties. BL has paid $2330.00 for a product and that exchange forms a contract between the parties. When BL wished to cancel her membership, she was enti...

4. OIA-111774.pdf [pdf, 593 KB]

   ...cost of individual trips - senior courts $69,895 $99,295 $118,497 Total cost of individual trips - Employment $5,860 $7,148 $16,484 Court TOTAL $859,951 $743,541 $730,188 Notes for Table 2: • Government cars (also known as the VIP Transport service) are operated by the Department of internal Affairs (DIA) for a number of users, including Ministers of the Crown and the judiciary. The VIP Transport service is fully funded by revenue from users of the service, and the costs are share...

5. QD v QC [2023] NZDT 461 (3 July 2023) [pdf, 105 KB]

   ...based on 480kg at $2.10 per kg. This charge is calculated on the carcass weight of the animal. 6. The claim seeks payment of QD Ltd’s invoice dated 29 May 2022, which includes an interest charge of $29.16. Findings 7. QR provided the services that he was contracted to provide. He killed the animal, processed it, froze it, and supplied ‘extra sausages’ that QC requested. 8. QC’s defence to the claim is an argument that QR did not supply him with all of the meat tha...

6. NT v D Ltd [2023] NZDT 299 (24 May 2023) [pdf, 186 KB]

   ...wear the jacket again. 4. D Ltd was represented by GT who is the director and sole owner of D Ltd. GT says he has over 20 years’ experience in the dry-cleaning business. He says he cleaned the jacket himself. Did D Ltd provide the cleaning service with reasonable care and skill? 5. Under the Consumer Guarantees Act 1993 (CGA) where services are supplied to a consumer (NT is a consumer for the purposes of the CGA) there is a guarantee that the service will be carried out with r...

7. LC v NZ [2024] NZDT 342 (24 April 2024) [pdf, 128 KB]

   ...Society standard form, eleventh edition. Clause 7.3(1) of the agreement provides that: “…the vendor warrants and undertakes that at settlement … the chattels in the sale listed in Schedule 2 and all plant and equipment…which provide any services or amenities to the property, including, without limitation, …heating…are delivered to the purchaser in reasonable working order, but in all other respects in their state of repair as at the date of this agreement (fair wear and tea...

8. IM v X Ltd [2024] NZDT 402 (17 June 2024) [pdf, 175 KB]

   ...the window glass was smashed and property was stolen from the car. There was insufficient evidence for the police to catch the thief. 2. IM now claims $3,000.00 in damages from X Ltd. 3. The issue to be determined is whether X Ltd carried out its services with reasonable care and skill. Did X Ltd carry out its services with reasonable care and skill? 4. X Ltd pointed to terms and conditions posted in its carparks that purport to exclude or limit liability, but the terms mention “e...

9. KI v ST & C Ltd [2024] NZDT 585 (10 September 2024) [pdf, 176 KB]

   ...whether KI is entitled to some compensation? whether there is a breach of the Consumer Guarantees Act 1988 4. The relevant law is the Consumer Guarantees Act. The Consumer Guarantees Act 1993 implies guarantees into contracts for the supply of services and goods for personal and domestic use. Furniture sales are such services and are therefore covered by the Act. If there is a breach of any of the guarantees, then the consumer is entitled to seek a remedy (where possible) or a refu...

10. Process evaluation of the Domestic Violence Act 1995 [pdf, 1.9 MB]

    ...36 Figure 3 Relationship of applicant to respondent 37 Figure 4 Children protected by orders 38 Figure 5 Grounds for application 53 Figure 6 Orders applied for 54 Figure 7 Grounds for temporary orders 57 Figure 8 Time between temporary order and the service of documents 62 Figure 9 Outcomes of applications dealt with ‘on notice’ and ‘without notice’ 69 Figure 10Time between a notice to defend a temporary order and the date when a hearing date was assigned 72 Figure 11Time between a no...