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1. 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...

2. 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...

3. 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...

4. 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...

5. 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...

6. 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...

7. 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...

8. 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....

9. YI v CU Ltd [2023] NZDT 545 (25 October 2023) [pdf, 189 KB]

   ...On the August plumber invoice, the plumber noted that a watermain test had been completed and that the main is leaking underground. The invoice stated that a quotation would be forwarded to replace the mains, either by thrusting or digging, with service locators needing to attend first to see if that was feasible. 3. CU’s property manager at the time, YZ, communicated with YI via [online chat] about the mains repairs that were required. In September 2022 YZ obtained a quotation for...

10. TM v BC Ltd [2023] NZDT 774 (7 December 2023) [pdf, 195 KB]

    ...checked by CD, WU and another mechanic, he said he was told the engine number in the vehicle was the same as at its registration time and so he believed he had not received a full engine replacement, as agreed between he and BC. There were other services provided in relation to his vehicle, apart from the engine issue, which were not in dispute. Aside from an incident with the vehicle with an air lock in the air conditioning as he was driving home from BC, for which BC provided mechan...