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1. NX & PX v Airline X [2022] NZDT 181 (28 September 2022) [pdf, 214 KB]

   ...applicant’s complaint on 25 June 2022 suggested that the applicants contact [Airline Y] as they were the operating carrier for the flight that was delayed or cancelled, and [Airline X] was not responsible for the failure by other carriers to perform a service or any flight operations of any other carrier. [Airline X] stated it was not at fault as it was “just the marketing carrier.” 18. Article 40 of the Montreal Convention states that “If an actual carrier performs the w...

2. CP Ltd v ES [2022] NZDT 193 (20 September 2022) [pdf, 225 KB]

   ...stability issues. Photographs and detailed commentary has been provided on each issue within these broader categories and I consider this evidence to be compelling. CI0301_CIV_DCDT_Order Page 3 of 4 15. I therefore find that the product of the service supplied by CP Ltd was not fit for purpose and the cabin supplied was not of acceptable quality. What remedy, if any, is available to ES? 16. ES has obtained and provided a quotation from another builder (separate to the LBP...

3. CU v QD Ltd [2022] NZDT 48 (19 May 2022) [pdf, 216 KB]

   ...as it requires folding, creasing and that the printed pages be made into booklets. I note that in other contexts the booklets ordered by CU may not be a large order but the website statements set out what orders qualify for QD Ltd’s fast delivery service. 1 This three step approach was set out by Justice Tipping in the Court of Appeal decision AMP Finance NZ Ltd v Heaven (1997) 8 TCLR144 and has been regularly adopted in considering s 9, FTA. CI0301_CIV_DCDT_Order Page 3 of 4...

4. OIA-99641.pdf [pdf, 1.3 MB]

   ...Justice Media & Social Media Manager Joe Locke at 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 Ryan Orange Deputy Director, Sector Directorate ~:' ~, MINISTRY OF !l:J~ JUSTICE - T,1/,••11T1111 Initiative Name: Date Report Completed: Le...

5. SX v M Ltd [2023] NZDT 195 (26 June 2023) [pdf, 215 KB]

   ...it could cause damage if it dried onto the car. In that case the dirt could set like glue and when it is removed, it can take the paint off with it. 12. The car parking area is shared with [store], the owners of the car park and who engaged the services of M Ltd. QB has been water blasting for 25 years and has not had an issue with damaging the paint on cars in the past. QB provided very good evidence in support of his position that stones on asphalt roll with the pressured water and...

6. CQ and others v JT [2023] NZDT 744 (14 December 2023) [pdf, 224 KB]

   ...of the fencing notice. If so, has a counter notice been served? 16. Section 11 of the Fencing Act states that if the occupier receiving a notice objects to any of the proposals set out therein, they may, within 21 days after the date of the service of the notice, serve on the occupier who gave the notice a cross-notice signifying their objection, and they may make counter-proposals in that cross-notice. 17. On the evidence provided to the Tribunal, I find that the respondent did...

7. NS v B Ltd [2024] NZDT 246 (20 March 2024) [pdf, 199 KB]

   ...short, which eventually causes the screen to malfunction. He said that later models have a slightly longer cable which has fixed the problem. 15. NS says that B Ltd has recognised the problem with 13 inch laptops manufactured in 2016, and has a service programme in place to address this, but has not accepted that there is a problem with the 15inch model manufactured in the same year. 16. NS provided some articles from the internet about this issue, which NS says establish that the...

8. CH & WZ v W Ltd [2024] NZDT 258 (22 March 2024) [pdf, 189 KB]

   ...insurance policy. I find that W Ltd is to pay $792.87 for the remedial work that was done. 25. In addition to the repair costs, WZ and CH seek $5,000 compensation for time spent disputing this claim. They allege there were privacy breaches and poor service, causing extensive delays in approving covered damage repairs. 26. Mr T disputed that W Ltd would be liable to pay any compensation or form of reparation for the stress and time of the applicants in dealing with the dispute. This is a...

9. BL & CM v KB (aka CK) [2024] NZDT 180 (11 April 2024) [pdf, 176 KB]

   ...in trade to a consumer. A supplier is a person who, in trade, supplies goods to a consumer. In trade means any trade, business, industry, profession, occupation, activity of commerce, or undertaking relating to the supply or acquisition of goods or services. 11. The applicants produced screen shots taken from [online] around the time they bought the car in dispute. At that time, the respondent had five other vehicles listed for sale on [online]. The applicants believe the respondent i...

10. IQ v UF [2023] NZDT 1 (28 July 2023) [pdf, 218 KB]

    ...in so many transactions, albeit not all of motorcars. 11. The term “trade” is defined in the Consumer Guarantees Act 1993 as any undertaking, whether carried on for gain or reward or not, or any undertaking in the course of which goods or services are acquired or supplied, whether free of charge or not. The term “undertaking” has been interpreted to mean a project or enterprise organised and directed towards an end result, as opposed to a series of unrelated transactions....