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1. 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...

2. 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...

3. 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....

4. 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....

5. 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...

6. 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...

7. 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...

8. 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...

9. 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...

10. 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....