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1. 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...

2. 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...

3. 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...

4. 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...

5. 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....

6. 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...

7. BC & others v QK [2023] NZDT 137 (5 June 2023) [pdf, 194 KB]

   ...goods supplied by suppliers in trade to consumers. The term “trade” is defined in s 2 of the CGA as “any trade, business, industry, profession, occupation, activity of commerce, or undertaking relating to the supply or acquisition of goods or services.” The term “business” is defined as any undertaking, whether carried on for gain or reward or not, or any undertaking in the course of which goods or services are acquired or supplied, whether free of charge or not. The term “un...

8. U Ltd v B Ltd (2023) NZDT 591 (14 November 2023) [pdf, 204 KB]

   ...alternative truck hire, and $25,282.95 being the loss in value between purchasing and selling the truck. 6. The issues to be determined are: CI0301_CIV_DCDT_Order Page 2 of 4 • Did B LTD breach the contract by failing to provide its service to a reasonable standard and within an agreed (or reasonable) timeframe? • Did B LTD agree to pay the cost of U LTD’s alternative truck hire? • What damages resulted from any breach of contract by B LTD? Did B L...

9. DQ v IC [2023] NZDT 710 (17 December 2023) [pdf, 207 KB]

   ...agreed between the parties and may also have terms which can be implied by law. An example of this type of law is the Consumer Guarantees Act 1993 (“CGA”). The CGA implies into contracts a set of minimum standards (guarantees) for goods and services supplied in trade to consumers. Section 6 CGA says goods, which includes an animal, must be of an acceptable quality. Further explanations of that phrase are offered in s7 CGA. 9. Having carefully considered the evidence, I find...

10. UH v C Ltd [2024] NZDT 484 (12 June 2024) [pdf, 180 KB]

    ...considered that it must have been clear to BI that UH was involved in the recruitment process in a professional way, and would expect to be paid by C Ltd. [5] BI said that he had been unaware that UH was intending to charge a fee for her recruitment services. He had been surprised to receive an invoice from her, as she had previously assisted her sister to find employment with C Ltd, for which she had charged no fee. He said that he had never CI0301_CIV_DCDT_Order Page 2 of 3 used...