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1. TX v OI [2021] NZDT 1351 (19 April 2021) [pdf, 211 KB]

   ...10. Therefore, TX must show that it is more likely than not that an untrue statement induced her to make the purchase. 11. The Toyota Prado was listed under the Facebook profile of KZ, OI’s husband. The advert stated, “It has been well serviced and goes very well…the interior and exterior I consider as being rough…price reflects this…So this is a bargain if you want a reliable modern looking landcruiser and not fussed about it looking mint.” 12. TX says she met with...

2. LQ Ltd v JN & BN [2022] NZDT 2 (14 February 2022) [pdf, 224 KB]

   ...to be resolved are: (a) Is it more likely than not that JI removed the fuse? (b) If so, how much is payable for the work done? Is it more likely than not that JI removed the fuse? 6. The Consumer Guarantees Act 1993 provides that a service should be provided with reasonable skill and care (s28). There is no dispute that the work done on the cylinder was done properly. However, the responsibility to act with due care relates not only to the plumbing work done, but CI03...

3. Waitangi Tribunal COVID-19 Level 2 Protocol (29 October 2021) [pdf, 160 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. IT & NH v UN Ltd [2022] NZDT 163 (25 October 2022) [pdf, 257 KB]

   ...to be paid, both in the sum of $1,240.00. 3. The issues discussed at the hearing today were as follows: a. Is the 3D model a sufficiently good likeness of the Applicants’ baby, or in other words were the goods of acceptable quality or the services provided with reasonable care and skill as required under the Consumer Guarantees Act 1993? b. If not, what remedies are available to the Applicants? Is the 3D model a sufficiently good likeness of the Applicants’ baby, or in oth...

5. K Ltd v SK & TK [2023] NZDT 651 (10 November 2023) [pdf, 235 KB]

   ...25 January 2023. 20. Therefore, I find that the claim for $4,450.04 is dismissed. Did K Ltd carry out the pool installation with reasonable care and skill? 21. The Consumer Guarantees Act 1993 provides implied guarantees for consumers that services purchased from suppliers must be provided with reasonable care and skill. If the services are not provided with reasonable care and skill, the consumer may ask the supplier to carry out remedial work. 22. I find that K Ltd did not i...

6. 2023-06-16-Memorandum-of-Counsel-for-the-Applicant-Pre-Hearing-Conference.pdf [pdf, 202 KB]

   ...21. If the Court and parties do not have questions for a particular expert Waka Kotahi may request that witness to be excused from attending the hearing (and anticipates that the other parties would make similar requests). Dedicated website and service of documents 22. The Court's dedicated website for the proceedings is now live. Counsel understand that the website will be the repository for all pleadings, evidence and formal correspondence between the Court and parties....

7. 2023-06-16-Memorandum-of-Counsel-for-the-Applicant-Pre-Hearing-Conference-v2.pdf [pdf, 202 KB]

   ...21. If the Court and parties do not have questions for a particular expert Waka Kotahi may request that witness to be excused from attending the hearing (and anticipates that the other parties would make similar requests). Dedicated website and service of documents 22. The Court's dedicated website for the proceedings is now live. Counsel understand that the website will be the repository for all pleadings, evidence and formal correspondence between the Court and parties....

8. OIA-102463.pdf [pdf, 248 KB]

   ...include, the Local Authorities (Members’ Interests) Act 1968, the Local Government (Pecuniary Interests Register) Amendment Act 2022, and the Local Electoral Act 2001. Protective security requirements The New Zealand Security Intelligence Service Protective Security Requirements Unit has developed guidance to support elected officials to understand and protect themselves from espionage and foreign interference threats. The guidance is available at: • protectivesecurity.govt.n...

9. ZH v C Ltd [2024] NZDT 17 (10 February 2024) [pdf, 194 KB]

   ...hire (in which case the Hirer shall pay additional hire charges for the extended Hire Period). If the Hirer fails to comply with this clause, the Hirer shall be liable for additional charges for the late return of the Vehicle as set out in this Rental Service Agreement. 4.For the purposes of clause 3 above, C Ltd will not consider the Vehicle returned to it until the Hirer returns the keys for the Vehicle to the same C Ltd depot that the Vehicle was returned to. 13. ZH relies on the c...

10. BM v OZ Ors [2024] NZDT 109 (5 February 2024) [pdf, 215 KB]

    ...(FTA) also provides that no person shall in trade engage in conduct that is misleading or deceptive or that is likely to mislead or deceive and s13(i) provides that no person shall in trade in connection with the supply or possible supply of goods or services, or with the promotion of the supply or use of goods or services, make a false or misleading representation concerning the existence of any guarantee. For a statement to be misleading it is enough that an objective observer in the cla...