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1. MD & ND v D Ltd [2024] NZDT 626 (19 July 2024) [pdf, 232 KB]

   ...should be construed against the drafter of the contract. 7. Section 13(b) of the Fair Trading Act 1986 has relevance to this claim. It provides as follows: 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,— (b) make a false or misleading representation that services are of a particular kind, standard, quality, or quantity. 8. MD and ND say when th...

2. LCRO 114/2017 SM v JC (31 August 2017) [pdf, 137 KB]

   ...lawyer was not instructed to act in relation to the complaint to the Association, but Mr JC disregarded her wishes over who he was to communicate with over what. [9] Ms SM then laid a complaint to the New Zealand Law Society Lawyers Complaints Service (Complaints Service) about Mr JC’s conduct. Complaint [10] In her complaint, Ms SM objects to Mr JC: (a) Failing to treat her, as a lawyer, with respect and courtesy; (b) Communicating with her lawyer, in the face of her reques...

3. Waitangi Tribunal COVID-19 Level 2 protocol (3 September 2020) [pdf, 149 KB]

   ...performance of its constitutional role. 3. Under Level 2, the Waitangi Tribunal may hold some in-person hearings. However, for the safety of Tribunal parties and staff, the majority of Tribunal events will continue to be undertaken on the papers or via phone- and video-conferencing. Considerations 4. Waitangi Tribunal proceedings, particularly hearings held on marae, often have high attendance from members of the public in addition to claimants, counsel, Tribunal members and Trib...

4. Waitangi Tribunal COVID-19 Level 2 Protocol (3 September 2020) [pdf, 149 KB]

   ...performance of its constitutional role. 3. Under Level 2, the Waitangi Tribunal may hold some in-person hearings. However, for the safety of Tribunal parties and staff, the majority of Tribunal events will continue to be undertaken on the papers or via phone- and video-conferencing. Considerations 4. Waitangi Tribunal proceedings, particularly hearings held on marae, often have high attendance from members of the public in addition to claimants, counsel, Tribunal members and Trib...

5. Waitangi Tribunal COVID-19 Level 2 Protocol (12 August 2020) [pdf, 146 KB]

   ...performance of its constitutional role. 3. Under Level 2, the Waitangi Tribunal may hold some in-person hearings. However, for the safety of Tribunal parties and staff, the majority of Tribunal events will continue to be undertaken on the papers or via phone- and video-conferencing. Considerations 4. Waitangi Tribunal proceedings, particularly hearings held on marae, often have high attendance from members of the public in addition to claimants, counsel, Tribunal members and Trib...

6. Waitangi Tribunal COVID-19 Level 2 Protocol (3 September 2020) [pdf, 149 KB]

   ...performance of its constitutional role. 3. Under Level 2, the Waitangi Tribunal may hold some in-person hearings. However, for the safety of Tribunal parties and staff, the majority of Tribunal events will continue to be undertaken on the papers or via phone- and video-conferencing. Considerations 4. Waitangi Tribunal proceedings, particularly hearings held on marae, often have high attendance from members of the public in addition to claimants, counsel, Tribunal members and Trib...

7. TQ v OD Ltd [2021] NZDT 1426 (16 March 2021) [pdf, 188 KB]

   ...claim is for $27,668.00. 2. The issues I need to decide are as follows: a. Did OD Ltd misrepresent the colour blend of the bricks as fitting a grey colour scheme when they were in fact a brown colour scheme? b. Did OD Ltd fail to provide a service of reasonable care and skill by not having the brick work on the house within a grey rather than TQ’s chosen grey colour scheme? c. Depending on the above what is the remedy? Did OD Ltd misrepresent the colour blend of the bric...

8. BC v C Ltd [2022] NZDT 66 (2 June 2022) [pdf, 145 KB]

   ...remaining editing work but the income itself was an actual loss. 18. The balance of the contract price was $2869.57 ($4400.00 minus $1530.43 payable for work done). There are no particular expenses involved in editing work, it being predominantly service/time based, so nothing is deducted from the contract balance on that account. BC says he was doing this contract outside the hours of his full-time job so essentially the contract price was ‘bonus income’ which he was not in the...

9. NW v KU [2021] NZDT 1672 (26 October 2021) [pdf, 136 KB]

   ...and LI travelling up to [city] to pick up the car as that is set out in text messages between KU and LI . I, therefore, make no award in relation to the $140.52 sought for those costs. 29. Other issues were raised during the hearing about the service history of the car and the cam chain. The Tribunal was told the car has since stopped running. No evidence was produced as to what the current issue with the car is. NW has parked up the car and has not had a mechanic look at it. 30....

10. LI v WH Ltd [2021] NZDT 1697 (13 November 2021) [pdf, 153 KB]

    ...INSURER (if applicable) DBJ Ltd The Tribunal orders: 1. WH Ltd is to pay LI $2,000.00 on or before 7 December 2021. Reasons: 1. In or around July 2021, LI purchased a vehicle from someone in [City 1] via Trademe. LI engaged the services of WH Ltd to transport the vehicle from [City 1] to [City 2] at a cost of $1,550.00. 2. The agreement was for door to door delivery. The vehicle was not delivered to LI because the vehicle was stolen from WH Ltd’s [City 2] dep...