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1. Byrne - Mereruia Hakaraia Whanau Trust (2006) 164 Aotea MB 5 (164 AOT 5) [pdf, 376 KB]

   ...the Court must take into account the financial position of the whanau; hapil, or iwi on whose behalf the order is made.] (4) A duplicate of any order made by the Court under subsection (3) of this section shall be forwarded by post to the [Legal Services Agency} as soon as practicable after the making of the order. Minute Book: 164 AOT 7 (5) No person in whose favour an order has been made under subsection (3) of this section may apply for or be granted assistance under the Legal...

2. D Ltd v EB Ltd [2019] NZDT 1514 (13 August 2019) [pdf, 130 KB]

   ...RESPONDENT EB Ltd The Tribunal hereby orders: The claim is dismissed. Reasons: [1] In September 2013 D Ltd entered into a contract with EB Ltd pursuant to which EB Ltd was to provide management and creative support services for D Ltd’s computers. The fee payable by D Ltd to EB Ltd was to be based on the number of computers supported by EB Ltd on D Ltd’s site. In July 2015 a new agreement was made between the parties at an agreed monthly fee. In September

3. GQ v M Ltd [2015] NZDT 1499 (30 April 2015) [pdf, 186 KB]

   ...signed a paper direct debit form. 2. Within twenty-four hours, M Ltd set up a basic Marketplace listing for the business. On 12 July 2014 when DN rang, GQ said he did not wish to go ahead with the advertising. DN had copied bank details from GQ’s phone onto the direct debit form, but the account number recorded was incorrect so the direct debit did not go through. However, due to an internal mix-up, M Ltd thought GQ made a payment in August, so it added content to the Marketplace list...

4. BD Ltd v QC Inc [2022] NZDT 162 (10 October 2022) [pdf, 132 KB]

   ...1. BB was appointed Manager of the QC Inc around 10 years ago. She received $500.00/month for her duties as Manager. BB and her husband own a company called BD Ltd. Each month, BD Ltd invoiced QC Inc for the $500 monthly payment and any catering services provided to QC Inc during the month. 2. Sometime in 2021, relationships became strained. By letters dated 15 June 2021 and 18 June 2021, about a week before QC Inc’s AGM, BB handed in her resignation as Manager effective from 3...

5. LT v NC [2024] NZDT 25 (22 February 2024) [pdf, 151 KB]

   ...a new car and therefore since June 2023 she was not driving the [motor vehicle] every day. She said she is not a mechanic and does not know very much about cars. Over the years she owned the [motor vehicle] she had taken it to the [C mechanic] for services and she provided copies of the service history. A warrant of fitness (“WOF”) check had been done in May 2023 and the last documented service was done in September 2022. No issues with the transmission had been identified by the [C me...

6. T v C Ltd v IQ & LQ [2023] NZDT 230 (18 September 2023) [pdf, 185 KB]

   ...and letting out properties, however I am not persuaded C is acting as an agent in this case. C contracts with property owners to let their properties, it has exclusive contracts and the owners are unable to let their properties without using C’s services. C controls the entire rental process and takes service fees and commissions directly from the renter not the property owner. No commission or service fee is paid by the property owner. IQ & LQ tell me, C sets the rental price and th...

7. ND v LB Ltd [2023] NZDT 458 (15 August 2023) [pdf, 188 KB]

   ...If so, how much and why? Is ND entitled to a remedy? If so, which remedy does he wish to pursue? CI0301_CIV_DCDT_Order Page 2 of 4 6. The supply of the shade cloth comprised a mix of goods (the cloth itself plus fittings) and services (measure and install). The CGA provides guarantees to a consumer for both of these things. Section 6 of the CGA provides that goods will be of acceptable quality, and section 28 that services will be provided with reasonable care and sk...

8. QW v DI [2024] NZDT 468 (18 June 2024) [pdf, 182 KB]

   ...fact, and it would be unreasonable to rely on it as such, especially given the age of the car. 8. The seller did make two statements that qualified as representations: that the car had been “well looked after mechanically” and that it was last serviced at 192,000 km. The latter is a misrepresentation, as the last service was at 189,495 km. It does not matter that it was a mistake rather than being intentional, because s 35 includes innocent misrepresentations. However, the difference...

9. BS v NT [2025] NZDT 51 (13 March 2025) [pdf, 188 KB]

   ...reduced rate, but did not consider she had been adequately informed about any obligations she had. 3. BS initially invoiced NT the sum of $735.00, of which $635.00 was paid. BS now claims a further $1,025.00, being the non-discounted rate for her services on the basis that she did not receive any promotional benefit from the arrangement. BS also claims the Disputes Tribunal filing fee of $117.00 and $420.00 for her time in preparing the claim. 4. The issues I have to consider are:...

10. SU v S Ltd [2025] NZDT 142 (14 February 2025) [pdf, 100 KB]

    ...reasonable care and skill and was it fit for the purpose? b) What sum, if any, is payable? Was the work done with reasonable care and skill and was it fit for the purpose? 5. Section 28 of the Consumer Guarantees Act 1993 (CGA) provides that where services are supplied to a consumer, there is a guarantee that the service will be carried out with reasonable care and skill. Where part of the service involves providing advice on the work to be done, the advice must itself be provided with...