Search Results

1. HK v UB Ltd [2024] NZDT 252 (28 March 2024) [pdf, 199 KB]

   ...Taking that careful approach, any misunderstanding between the parties could have been avoided. Did UB Ltd fail to carry out its work with reasonable care and skill? 11. There is a guarantee in the Consumer Guarantees Act (CGA) that a supplier of a service will carry out its service with reasonable care and skill (S.28 CGA). That means the care and skill of a competent tradesperson. 12. I made a site visit with HK, HK’s son BK, CG and CB (UB Ltd’s employee, an experienced pai...

2. UX v J Ltd [2023] NZDT 105 (16 March 2023) [pdf, 204 KB]

   ...rear half shaft on both sides kept popping out. The CV boot failed. The steering lock had to be modified to reduce the travel distance of the speer, because it was causing the brakes to fail. The sway brace bolts in the rear flogged out by the first service. The ECU was faulty and the replacement one did not rectify the problem. There was a faulty gear selector, and is still not working. The park brake had a fault from new. The four wheel drive was not engaging properly. In May 2022 the fr...

3. DT v TX [2023] NZDT 291 (1 August 2023) [pdf, 149 KB]

   ...information, from online research and advice received, was that a cam belt should be replaced somewhere between every 60,000kms to 100,000kms or every five to six years. He said TX had owned the vehicle since 2014 and there was no evidence in the service invoices provided to DT that the cam belt had ever been replaced during that time. 19. TX had no recollection of personally having the cam belt replaced while he owned it but said there was no evidence to say it had not been....

4. NB v CF & MF [2024] NZDT 515 (13 August 2024) [pdf, 214 KB]

   ...They agreed to reduce the purchase price to $365,000 in light of ‘the work in the building report and … for the septic tank to be cleaned and a certificate provided showing that prior to settlement’. 7. CF and MF said they engaged M from I Services to clean the septic tank. M said there was no certificate that he knew of that he could provide, so instead he confirmed in an email: “To whom it may concern, We visited [address] twice in the week of 26th - 30th October. The fi...

5. YA & AZ v BT [2024] NZDT 765 (22 November 2024) [pdf, 118 KB]

   ...Whineray adjourned the hearing in June 2024 to allow the parties to serve notices under the Fencing Act in relation to the hedge separating the properties. Since then, Referee Whineray had to recuse herself, and the proceeding continued before me. The service of Fencing Act notices did not resolve this matter and it is for the Tribunal to resolve this dispute. 6. AZ and YA withdrew at the hearing on 21 November the part of their claim that related to the removal of the fence (adjoining...

6. KD v M Ltd [2024] NZDT 363 (11 June 2024) [pdf, 196 KB]

   ...discharged her onus of proving that it was more likely than not that LM rushed her. 16. I do not consider that LM remarking that KD’s shape was larger around her tummy than around her boobs to have been rude or in breach of the guarantee to provide service with reasonable care and skill contained in s.28 of the CGA. If it was not factual that might be a breach but, while I have never been in attendance for the fitting of a bridal dress, comments by the salesperson as to the size of...

7. FT v BF Ltd [2023] NZDT 793 (20 December 2023) [pdf, 231 KB]

   ...was necessary for the remedial work and has not returned to address these items. 2. FT claims the sum of $21,000.00 for the cost of remedial work. 3. BF Ltd counterclaims the sum of $20,602.50 for damage to its reputation, reimbursement for services done outside of warranty scope, stress, and the removal of an unlicensed veranda at the property. 4. The issues to be determined are as follows: a. Are there defects in the any of the following: paint work, bath, or footpath block...

8. FC v QK [2024] NZDT 415 (14 May 2024) [pdf, 208 KB]

   ...the problem preventing the [ventilation] system from working properly was a faulty controller. Was QK entitled to an opportunity to remedy and if so, has he had that opportunity? 16. The Consumer Guarantees Act (CGA) applies. A supplier of a service is required to carry out the work with reasonable care and skill (S.28 CGA). The product of the service must be fit for the particular purpose made known by the consumer (S.29 CGA). 17. If there has been a failure to comply with one o...

9. Christchurch Masjidain Attack Inquiry

   If the information you're looking for isn't on this page, or if you have any other questions, please contact Coronial Services by emailing coronial.response@justice.govt.nz or phoning 0800 88 88 20. Media representatives should email queries to media@justice.govt.nz. Further information for media is available under the media tab. On these pages, you'll find information about the 15 March 2019 Christchurch Masjidain Attack Coronial Inquiry, and how the coronial process works....

   Located in:

   1. Coroners Court

10. CAC 10054 v Hume [2013] NZREADT 91 [pdf, 252 KB]

    ...obtain from the defendant the said $20,000 deposit cheque which should have been paid into the employer’s trust account. [10] On 17 May 2011 Mr W worked at X Wanganui as its licensed agent. He said that at 9.39 am that day he answered the telephone and immediately recognised the voice of the defendant who, inter alia, threatened to kill him and his staff and then hung up. Mr W produced Telecom evidence of such a telephone call as coming from the defendant’s telephone number. Mr...