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1. IM v KZ [2021] NZDT 1627 (9 July 2021) [pdf, 241 KB]

   ...ERA”) is not listed in Part 2 of Schedule 1 to the DT Act so is outside the Tribunal’s jurisdiction. However, the Tribunal may hear and determine contractual disputes between an independent contractor and a person who engages the contractor’s services where their contractual relationship falls outside the ERA. 14. I have taken into account that IM says she completed an ACC84 form with ACC when she began working for KZ’s parents privately, and was paid by ACC for her work. 15...

2. BX & HX v L Ltd [2024] NZDT 125 (10 April 2024) [pdf, 196 KB]

   ...remains under investigation. At 6.15pm on Monday, 30 January 2023, L Ltd sent BX and HX an email cancelling the sailing at 2.15pm the next day, and confirmed that a full refund would be provided. The reason given was that the Ferry had not returned to service after the incident which had happened at the busiest time of the year, and there was no vehicle capacity and only limited space for foot passengers. BX and HX then had to make alternative travel arrangements that evening so that the...

3. CS & KS v H Ltd [2023] NZDT 605 (13 November 2023) [pdf, 204 KB]

   ...rights and obligations. In addition to the contract the Consumer Guarantees Act 1993 (CGA) implies guarantees into contracts, including that goods are of acceptable quality (s 6-7 CGA), are provided with reasonable care and skill (s 28 CGA) and that services provided are reasonably fit for the particular purpose for which they are obtained (29 CGA). H Ltd provided both goods; the solar system including the Inverter, and services; advice about what scoping of the system, and the desi...

4. OC v NQ [2023] NZDT 767 (20 December 2023) [pdf, 187 KB]

   ...advertised on [social media application]. That does not matter for the purposes of determining if NQ was a motor vehicle trader. I note OC contacted NQ through [messaging application] asking if any vans were available. At the time the van was getting a service and other thing done. It is likely there were other van’s that were to be sold once completed on [social media application] or by some other means. It is more likely than not therefore that NQ would have sold more than 6 vans withi...

5. DJ & QW v E Ltd [2024] NZDT 772 (5 December 2024) [pdf, 218 KB]

   ...1993 by E Ltd? 21. There is not enough evidence to support a finding that there has been a breach of the Consumer Guarantees Act 1993 (CGA) by E Ltd. 22. The CGA provides for certain guarantees to apply in relation to the supply of goods and services in trade. In relation to goods there are guarantees that goods will be of acceptable quality and where goods are sold by description, that the goods will comply with that description. In relation to services there is a guarantee that th...

6. DN v TT & CB [2024] NZDT 880 (28 August 2024) [pdf, 267 KB]

   ...issues with the transmission and that the transmission failure has occurred after the sale, and could have been caused by the distance driven or the car the car was driven. They referred to an invoice from [another car repair shop] for a transmission service completed on 23 September 2023. The mechanic provided a statement on 29 January 2024 that: “Both the engine and transmission were healthy. NO OIL OR FLUID LEAK from the transmission, engine and radiator observed. NO abnormal nois...

7. Horticulture New Zealand.pdf [pdf, 183 KB]

   ...HortNZ agrees to participate in mediation or other alternative dispute resolution of the proceedings. Lucy Deverall Advisor, North Island, Natural Resources and Environment Horticulture New Zealand 29 September 2020 Addresses for service: Horticulture New Zealand PO Box 10232, Wellington 6143 Phone: 027 582 6655 Email: lucy.deverall@hortnz.co.nz Contact person: Lucy Deverall Helen Atkins/Tom Gray PO Box 1585 Shortland Street AUCKLAND 1140...

8. FB Ltd v NG & BJ Ltd [2021] NZDT 1486 (6 April 2021) [pdf, 103 KB]

   ...managing the poles in this way are several. Included is a safety concern where replacing the section involves less interference with its responsibility to have power available for critical activities and dependencies of customers such as medical services. In terms of economics there are savings with replacing lines by co-ordinating replacement works. Overall FO say this way of managing the poles is the cheapest option. Such coordinated replacements also assist with upgrades such as incre...

9. X v Y Ltd [2021] NZDT 1425 (18 March 2021) [pdf, 224 KB]

   ...Application forms and information about the different civil enforcement options are available on the Ministry of Justice’s civil debt page: http://www.justice.govt.nz/fines/about-civil-debt/collect-civil-debt For Civil Enforcement enquiries, please phone 0800 233 222. Help and Further Information Further information and contact details are available on our website: http://disputestribunal.govt.nz. http://www.justice.govt.nz/fines/about-civil-debt/collect-civil-debt http://disp...

10. OIA-97101.pdf [pdf, 220 KB]

    ...contact Joe Locke, Media Manager on 021 636 416, or email : 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 Ombudsman may be contacted by phone on 0800 802 602 or by email to info@ombudsman.parliament.nz. Naku noa, na r ar ief Operating Officer, Operations and Service Delivery Table 1: Number of Without Notice/ex parte app lications filed at the Family Courts between the...