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1. UD v NB Ltd & JB Ltd [2023] NZDT 792 (11 December 2023) [pdf, 115 KB]

   ...b. If not, was it remedied within a reasonable time? c. If not, can UD cancel the contract and get a refund of some or all of the cost paid? d. Who is liable for any remedy? Was the work carried out with reasonable care and skill? 8. Where services are supplied to a consumer, s 28 of the Consumer Guarantees Act 1993 (“CGA”) states that there is a guarantee that the service will be carried out with reasonable care and skill. UD took his vehicle to BT, so there was not a direct...

2. QD v L Ltd [2023] NZDT 551 (19 September 2023) [pdf, 198 KB]

   ...January 2023, and 17 February 2023. The booking was for a car, two seniors, and entry to the lounge. 4. On 28 January 2023, the [Ferry 1] lost power in the [Waterway]. As a result, Maritime New Zealand restricted [Ferry 1] to a freight-only service until satisfied that it was safe to resume the service for passengers. 5. QD’s final change of booking on 17 February bought the date forward from early March to 23 February 2023. 6. On 20 February, L Ltd had an issue with the he...

3. 2024 archive

   ...What's new for legal aid lawyers archive for news items from 2024. For current news items, please see the main  What's new for legal aid lawyers  section. Urgent CPIP assignments over Christmas & New Year period Message from the Legal Services Commissioner Reminder – The PDLA holiday roster starts tomorrow nationwide. Legal Aid Applications for Repeat Criminal Parole proceedings Legal Aid Applications for Mental Health proceedings Legal aid payments to firms published Web2Txt D...

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4. Appendix-M3-O2NL-OIA-doc-1.pdf [pdf, 524 KB]

   ...support submiters. This free service is s�ll available if you have further ques�ons about the process, including in rela�on to making a joint submission with other submiters. You can contact David by emailing FriendOfSubmiter@horizons.govt.nz or phone 021 2477 366. We look forward to hearing from you. Ngā mihi, Lonnie Dalzell Project Director – Ōtaki to North of Levin On behalf of the Ō2NL Project Team. • michele warwick <shellybeannz@yahoo.co.nz> To:Sarah Quig...

5. FIANZ-Submission.pdf [pdf, 13 MB]

   ...cloud accounts can provide information as long as.. one has access to the email address used to set up the device. The Police stated they have the Google email accounts. Resetting an email account password is not a major task if one has access to the phone number of the owner of the email address. The Police do have the phone number. Police have the power to ask these (Samsung/Google) companies to hand over the data given the terrorism charge. They failed to do so. 1 Appendix 2 0...

6. DN v SC [2024] NZDT 202 (19 March 2024) [pdf, 204 KB]

   ...Guarantees Act 1993. Although both parties to this dispute presented as reasonable people, for some reason the dispute between them over a pair of shoes has become heated and unpleasant. 2. The issues to resolve this dispute are: a. Did DN receive service provided with reasonable care and skill in the fitting and selection of the shoes? b. Are the shoes of acceptable quality, in relation to: i. The sock of the right shoes which is no longer properly adhered to the shoe? ii....

7. ZQ v S Ltd and others [2024] NZDT 707 (12 August 2024) [pdf, 115 KB]

   ...either by breaching the contract or the Consumer Guarantees Act 1993, in not taking enough care to avoid the harm caused to the door by the process of powder coating? 6. When two parties reach agreement about, for example, one party providing services in exchange for a fee, a legally binding contract arises. The contract’s terms are those agreed at the time the contract is formed. If terms in writing are presented and agreed to, then those are the terms, and if no written terms are...

8. QT & WT v K Ltd [2024] NZT 895 (4 December 2024) [pdf, 181 KB]

   ...reasonable control…. 5. In addition to the specific terms of the Agreement, the implied warranties contained in the Consumer Guarantees Act 1993 (“the Act”) are also relevant. Specifically, section 28 which reads: Subject to section 41, where services are supplied to a consumer there is a guarantee that the service will be carried out with reasonable care and skill. 6. And section 30 of the Act which deals with Subject to section 41, where services are supplied to a con...

9. TK v BD & TT Ltd [2024] NZDT 530 (22 July 2024) [pdf, 215 KB]

   ...what is more likely than not. Did BD breach the guarantee under the CGA to provide his service with reasonable care and skill 8. There was a contract to provide the tattooing service. 9. Under the CGA there is a guarantee that a supplier of services must exercise reasonable care and skill when providing the services to a consumer. BD was the supplier in trade of the services and TK was the consumer for the purposes of the CGA. 10. I mentioned to the parties that “he said/he s...

10. KM v Q Ltd [2023] NZDT 324 (12 January 2023) [pdf, 194 KB]

    ...and TB attended along with an interpreter. NS initially answered the teleconference call, but once he was joined to the teleconference, he advised that he was on holiday and then hung up. Two subsequent calls to his mobile number went to answerphone. CI0301_CIV_DCDT_Order Page 3 of 8 18. The hearing went ahead in Q Ltd’s absence. The fact a party is on leave does not automatically entitle them to an adjournment. In deciding to proceed with the hearing, the following matters...