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1. [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...

2. Recommendations recap - issue 4 [pdf, 832 KB]

   Recommendations recap A summary of coronial recommendations and comments made between 1 July–30 September 2012 ISSUE 4 O F N E W Z E A L A N D CHIEF CORONER O F F I C E O F T H E http://www.justice.govt.nz/courts/coroners-court/ Coronial Services of New Zealand Purongo O te Ao Kakarauri justice.govt.nz/coroners To request a copy of any full findings of cases contained in this edition, please contact our National Office. National Office coronial.information@justice.govt.nz

3. 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...

4. 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...

5. 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...

6. 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...

7. 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...

8. KX v M Ltd [2025] NZDT 278 (12 June 2025) [pdf, 174 KB]

   ...CI0301_CIV_DCDT_Order Page 2 of 4 7. In conclusion, I find that the Disputes Tribunal does not have jurisdiction to decide this claim. 8. Mr D and Ms E from M Ltd suggested that KX takes up his claim with the Financial Dispute Resolution Service (fdrs.org.nz) which is a free service that includes mediation. If an agreement is not reached an Adjudicator investigates the complaint and makes a decision that is binding on the financial service provider. S Grayson Disputes Tribun...

9. Z Ltd v P Ltd [2023] NZDT 604 (7 November 2023) [pdf, 230 KB]

   ...carried out with in an acceptable and tradesperson-like manner? c) Did P Ltd fail to do the work for Z Ltd in an acceptable and tradesperson-like manner thereby breaching the contract between the parties? d) Were there faults in the plumbing services provided by P Ltd which resulted in loss to Z Ltd? e) Is P Ltd liable to pay Z Ltd all or any part of the amount claimed of $1,999.00? Does the Consumer Guarantees Act 1993 apply? 3. The Consumer Guarantees Act 1993 (“CGA”)...

10. [2025] NZIACDT 51 - NO v Ellis (2 October 2025) [pdf, 257 KB]

    ...counsel provided an affirmation from Mr Ellis (23 July 2024). Mr Ellis stated: 1. There was no benefit to him to coach the client as to what to say in his statement. He had asked the client to narrate what he had previously told Mr Ellis (in a phone call on 23 January 2023) as to the unrest at the university which led him to discontinue his studies. Instead of using the word “narration”, he just kept it simple by asking him to create or write a story. 2. Early in his comm...