Search Results

1. [2021] NZEmpC 96 Extenday New Zealand Ltd v Mickleson [pdf, 172 KB]

   ...or product seized will be held in the safe custody of ENZL’s solicitors until they are returned to the respondents or the Court makes an order as to how they are to be dealt with; (f) the overall justice of the case favours ENZL; and (g) service of notice of an application would cause undue delay or have a detrimental effect. Employment Court may make search orders [10] The Court is empowered by s 190(3) of the Employment Relations Act 2000 to make search orders and does s...

2. UE & QO v CO Ltd [2023] NZDT 159 (23 March 2023) [pdf, 116 KB]

   ...loan to them for many years and also forgave around $36,800.00 of money they owed it. All being actions the applicants agreed to at the relevant times. 13. It is clear that, on occasions, CO Ltd could have provided a better and higher level of service than it did. It has acknowledged that in a number of pieces of correspondence and apologised for it. It has also offered ex gratia payments by way of apology, which have been refused by the applicants. 14. The referral of their accoun...

3. FP v T Ltd [2023] NZDT 635 (17 November 2023) [pdf, 186 KB]

   ...by SD, dated 30 June 2022. The parties agreed that this was the arrangement. Did SD complete the job with reasonable skill and care and was the lawn fit for purpose? 6. The Consumer Guarantees Act 1993 (‘the Act’) applies to this dispute. Any service that is provided comes with a guarantee that it is completed with reasonable care and skill1 and is fit for a particular purpose2. 1 Section 28 of the Act 2 Section 29 of the Act CI0301_CIV_DCDT_Order Page 2 of 3 7. I find t...

4. FC v N Ltd [2022] NZDT 255 (20 December 2022) [pdf, 197 KB]

   ...only refunded $30.00 for the areas it accepted were not done. Did N Ltd breach an implied guarantee as to workmanship? 5. The Consumer Guarantees Act 1993 provides for implied guarantees in all consumer contracts. Section 28 CGA provides that services will be provided with reasonable care and skill. Where the breach is substantial, or is not capable of remedy, the consumer can cancel the contract and request a refund of the money paid. 6. FC says the shower and vanity were not c...

5. OIA-102858.pdf [pdf, 700 KB]

   ...You clarified that your request referred to both dissolution of marriages and civil unions and that question four referred to dissolutions rather than separations. You also agreed to have the locations be broken down by court location and Justice Service Area (JSA). In response to question 1, please refer to Table 1 enclosed. Table 1 provides the number of dissolution applications, by court location and JSA, filed from 1 January 2018 to 31 December 2022 in the Bay of Plenty and...

6. BK v N Ltd [2023] NZDT 561 (14 November 2023) [pdf, 180 KB]

   ...nonrefundable unless severe injury or illness happens. Certified medical proof from a practitioner must be presented and accepted by the coach in order to receive any refunds. [Programme] reserves the sole right to deduct any payments from the deposit for any services provided to the date of the severe injury or illness.” 3. BK submits that the amount of the refund should be determined on a pro rata basis, calculating the number of days after her injury as a proportion of the 16 weeks....

7. MN v N Ltd [2022] NZDT 281 (4 November 2022) [pdf, 192 KB]

   ...that the damage was not caused by the carwash malfunction. Is MN/Insurer entitled to claim compensation for the cost of remedying the damage? 12. Under the Consumer Guarantees Act 1993 (CGA) guarantees are provided for consumers who use services. Section 32(c) provides that if a faulty service causes consequential damage to a consumer’s property, the provider may be liable to pay for the cost of the consequential damage, if it was foreseeable. I am satisfied on the balance...

8. FB v EE & YT [2023] NZDT 198 (8 May 2023) [pdf, 182 KB]

   ...compensated for? Was the stovetop in reasonable working order on the date of settlement? 3. Clause 9.3 of the sale and purchase agreement provided that the vendor warranted that at settlement all plant, equipment or devises which provided any service or amenity to the property, were delivered to the purchaser in reasonable working order, but in all other respects in their state of repair as at the date of the agreement. 4. EE said that the stove top was working when her family...

9. LG v C Ltd [2024] NZDT 518 (22 July 2024) [pdf, 178 KB]

   ...that she did not have any evidence of a leak, but only that some of her goods had mould on them. 8. From the evidence provided I am unable to find that C Ltd breached its statutory obligation under the Consumer Guarantees Act 1993 to ensure the service it provided was fit for its intended purpose. Both parties agree that there is insufficient evidence to show that the container leaks. U said that goods in storage typically get a musty smell and the containers should be opened periodi...

10. HB v Q Ltd [2024] NZDT 582 (26 August 2024) [pdf, 173 KB]

    ...Tribunal orders: The claim is dismissed. Reasons 1. HB’s mother KB passed away on 30 July 2022. HB is an executor of his mother estate. Another executor, HB’s brother NB, entered into an agreement with Q Ltd trading as KT to provide funeral services, including cremation. NB authorised his sister CB to collect the ashes on his behalf on 4 August 2022. HB initiated legal action to take possession of his mother’s ashes in March 2024, so they could be interred with his father at...