Search Results

1. TI & NI v HJ Ltd [2024] NZDT 487 (4 June 2024) [pdf, 280 KB]

   ...has not provided any information regarding this to the Tribunal. 3. HJ Ltd did not attend the hearing today. The absence of a party does not prevent the hearing going ahead. 4. The issues to be resolved are: a. Did HJ Ltd provide its services with reasonable care and skill? b. If HJ Ltd did not provide its services with reasonable care and skill, is $24,856.39 a reasonable amount for it to pay to NI and TI in compensation? Did HJ Ltd provide its services with reaso...

2. MO v X Ltd [2025] NZDT 111 (5 March 2025) [pdf, 197 KB]

   ...wrapping service, which it did to a high standard. 5. The issues I have to consider are: a. Do X Ltd’s terms and conditions exclude liability? b. Has there been a breach of the guarantee of reasonable care and skill or the guarantee that the services would be fit for a particular purpose? c. If so, what remedy is appropriate? Do X Ltd’s terms and conditions exclude liability? 6. A contract is a legal agreement between two parties, and the terms of the contract are what e...

3. ST v L Ltd [2025] NZDT 149 (4 May 2025) [pdf, 197 KB]

   ...required, and he wants to be reimbursed for the money he has paid them. Was the work done with reasonable care and skill? 2. The law that applies is the Consumer Guarantees Act 1993 (CGA). The CGA implies guarantees into contracts for the supply of services and goods for personal and domestic use. Car repairs 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 ref...

4. OIA-119222.pdf [pdf, 1.1 MB]

   ...OF '~i' JUSTICE \,,,~'.\? Tahu o te lure In response to your request please find attached Tables 1-4: • Table 1 provides the number of people with finalised charges for shoplifting (estimated value under $500), by Justice Service Area and year, from 1 July 2019 to 30 June 2024 • Table 2 provides the number of people with finalised charges for shoplifting (estimated value over $1000), by Justice Service Area and year, from 1 July 2019 to 30 June 2024 • T...

5. QC v-DH Ltd & DN & MS [2021] NZDT 1601 (24 June 2021) [pdf, 176 KB]

   ...conveys; the intention of the representor is irrelevant. The misrepresentation must have been made to the applicant. 6. The statement made by the respondent to the applicant was that the amount of time required to perform the raking and rolling services would be four hours for two workers. This time requirement represented was four times the actual time required to carry out the services. I am satisfied the representation of the required hours did contain a misrepresentation given the t...

6. ST v F Ltd NS [2023] NZDT 563 (6 November 2023) [pdf, 179 KB]

   ...edge to help protect the unit. 7. I therefore find that the responsibility for the failure of the vanity lies with NS. The inadequate installation amounts to a failure under s 28 of the Consumer Guarantees Act 1993 (CGA), which 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. What remedy, if any, should be given to ST? 8. The failure to install the vanity with reasonable care and skill...

7. OIA-110512.pdf [pdf, 2.2 MB]

   ...aggravating factors at sentencing. This includes two bespoke offences dealing with assaulting or injuring Police acting in the course of their duty, and two aggravating factors that apply when crimes are committed against Police, prison officers, and emergency service workers. Detail of the existing relevant law is set out in Appendix 1. Mandatory minimum sentences remove the ability to tailor sentences to fit the harm caused 5. The Bill proposes a mandatory minimum sentence of 6 months impr...

8. XC v UD [2023] NZDT 766 (8 December 2023) [pdf, 203 KB]

   ...value of the goods. 8. A misrepresentation is a statement of fact that is untrue. This does not include a failure to disclose. CI0301_CIV_DCDT_Order Page 2 of 3 9. UD advertised the vehicle as being very tidy, drives well and regularly serviced. When asked by XC, UD said there were no mechanical issues or money owing on the vehicle. These last 2 statements were untrue, therefore they were misrepresentations. 10. Accordingly, the Tribunal finds that UD misrepresented t...

9. BG v BO Ltd [2024] NZDT 632 (8 October 2024) [pdf, 186 KB]

   ...5. Further, we are also concerned with the possible application of the Fair Trading Act 1986 (‘the Act”), specifically, section 13(g) which reads: No person shall, in trade, in connection with the supply or possible supply of goods or services or with the promotion by any means of the supply or use of goods or services,— …. (g) make a false or misleading representation with respect to the price of any goods or services; or 6. BG states that he had a group booking w...

10. [2011] NZEmpC 109 Evolution E Business Limited v Smith [pdf, 229 KB]

    ...The timing of subsequent events, therefore, assumed some significance at the hearing. [18] Mr Smith said, in evidence which was not challenged, that he first heard of the injunction on the afternoon of 23 December 2008 when he received a telephone call from Mr Macleod (who was at that time carrying out work on contract for TTL). He said that Mr Macleod called him on a personal basis to check whether he knew about the injunction that TTL had obtained against Evolution and MarketSm...