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1. MN v TG [2023] NZDT 141 (30 June 2023) [pdf, 209 KB]

   ...other circumstances, but equally it does mean the car has travelled further than MN was led to believe and he is entitled to some recognition for this. In the course of the hearing he described this as being a difference of approximately 10% of the service life on, for example, tyres. CI0301_CIV_DCDT_Order Page 3 of 4 Having regard to all the circumstances but lacking any specific valuation evidence to prove a material loss, I have awarded a nominal sum to reflect the error, of...

2. KB v NX [2024] NZDT 510 (25 July 2024) [pdf, 184 KB]

   ...came onto the section after he paid his deposit and before settlement and took down some trees and generally pruned off branches and overhanging vegetation. NX engaged a labourer, NS, to remove the rubbish and showed that he paid him $600.00 for that service. NX said that he became aware that additional rubbish had accumulated on the section, which he considered was mainly from the branches and vegetation trimming that KB was creating. CI0301_CIV_DCDT_Order Page 2 of 3 Nevertheles...

3. DI v UM [2024] NZDT 727 (23 September 2024) [pdf, 184 KB]

   ...be chrome. DI pointed this out. DI would not let UM return to change shower wall set to chrome. UM reduced the amount charged to reflect the difference. 12. The Consumer Guarantees Act 1993 requires a consumer to give a supplier of goods and service the opportunity to rectify minor defects. DI lost her right to compensation after she refused to allow UM to return to the property to complete remedial work. The glass shower door 13. DI paid a deposit for extra work to have a gl...

4. HZ v JS [2023] NZDT 8 (6 March 2023) [pdf, 185 KB]

   ...no misrepresentation in the advert as all of those statements were true. 17. JS accepted that he did say to HZ that he had no issues with the vehicle. He said he had owned it since around 2018. He produced some documents showing it had a full service in October 2020 and later WOF checks were carried out. He told the Tribunal he drove the vehicle regularly and had no issues with it. 18. JS said he also stated to HZ that he did not know anything about cars. He said he told HZ that...

5. TE v CH [2024] NZDT 571 (3 July 2024) [pdf, 178 KB]

   ...Ltd have a contractual agreement with TE that it would be responsible for the contractors? 5. The relevant law is the Contract and Commercial Law Act 2017. A contract is formed when parties agree on the terms and conditions under which goods or services will be provided. For a contract to be enforceable it need not be in writing, however there must be agreed terms, consideration, and an intention to create legal relations. 6. The question for the Tribunal is whether there was an int...

6. KS v B Ltd [2024] NZDT 540 (10 July 2024) [pdf, 92 KB]

   ...[Business 1] has since closed. CI0301_CIV_DCDT_Order Page 2 of 3 [5] The right to tow vehicles is governed by both the common law and statute; including consumer protection and road user legislation. Additional requirements for vehicle recovery services are also imposed by the Land Transport Rule Operator Licensing 2017 Rule. In general, owners of land are entitled to remove trespassers from their property. This includes removing unauthorised vehicles. This is not an unfettered rig...

7. BT & Q Ltd v U Ltd [2024] NZDT 550 (8 August 2024) [pdf, 182 KB]

   ...sharp practice. In the case of Targa Capital Ltd v Westpac New Zealand [2023] NZHC 230, the term was described as ”serious misconduct that goes far beyond being commercially necessary or appropriate”. In that case Westpac withdrew banking services from Targa, citing various risk factors. On the facts of the case, the High Court found there was no serious issue to be tried. CI0301_CIV_DCDT_Order Page 2 of 3 7. Relevant factors are listed in s 8 FTA, and include the relative...

8. BX v EF [2025] NZDT 57 (3 March 2025) [pdf, 172 KB]

   ...on EF at his home address, which is confirmed in the Companies Register as being his address. Three calls were made to him from 9.15 to 9.30am to provide an opportunity to attend the hearing. BX confirmed with a local carpet shop which uses EF’s services during this time that the telephone number provided to the Tribunal was his correct number. Both the first and last calls rang but were not answered. The second call was answered but EF immediately hung up without speaking. In accorda...

9. OIA-124326.pdf [pdf, 912 KB]

   ...Official Information Act responses | New Zealand Ministry of Justice. If you are not satisfied with this response, you have the right to make a complaint to the Ombudsman under section 28 of the Act. The Office of the Ombudsman may be contacted by phone on: 0800 802 602, by email at: info@ombudsman.parliament.nz, or via the webform: Make a complaint (for members of the public) | Ombudsman New Zealand. Nāku noa, nā Fleur Keys Chief Advisor, Criminal Justice https:/...

10. OIA-121938.pdf [pdf, 780 KB]

    ...media@justice.govt.nz If you are not satisfied with this response, you have the right to make a complaint to the Ombudsman under section 28(3) of the Act. The Office of the Ombudsman may be contacted by email to info@ombudsman.parliament.nz or by phone on 0800 802 602. Nāku noa, nā Jacquelyn Shannon Group Manager, Courts and Tribunals, Regional Service Delivery https://www.justice.govt.nz/about/official-information-act-requests/oia-responses/ Table 1: Average age at disposal i...