Search Results

1. COP-Application-smart-form-v2.pdf [pdf, 311 KB]

   ...date of the enforcement notice? Enforcement date / / (day/month/year) Have you received any challenges to the enforcement notice or any preceding detection or warning notice?  Yes  No If yes, please attach copies of the challenges and responses to those challenges with your application. If no, please move to Step 4. Step 4. Infringement details Which of the infringements identified in the enforcement notice are you asking payment for?  See attached form for list of in...

2. 2025 NZPSPLA 017.pdf [pdf, 130 KB]

   ...services – (a) Are suitably qualified to carry out that work and (b) Do not behave in ways that are contrary to the public interest. [23] It is an offence pursuant to s45(1) of the Act to employ, engage as a contractor, or permit to act as a responsible employee any individual who does not hold an appropriate certificate of approval. [24] Based on the Police and CIPU evidence, not to mention Mr Tepa’s admissions, I am satisfied that Mr Tepa and Seki Security have breache...

3. UE v TF & KD [2024] NZDT 652 (9 September 2024) [pdf, 196 KB]

   ...now complained of by UE. 19. Therefore, I do not have evidence before me suggesting that TF or KD were aware that the engine was in poor condition and would need imminent and substantial repairs or full replacement. 20. UE, as a buyer, was responsible for getting the boat assessed by a specialist mechanic or ask specific questions about the state of the engine. But she has not done so. Had she been given incorrect or misleading information on asking specific questions she may have...

4. DN v MH & WH [2024] NZDT 664 (8 September 2024) [pdf, 193 KB]

   ...share of the cost of the fence. DN’s claim is therefore for $3,276.95. DN notes this is a one-half cost of the 1.5 metre high fence discussed with MH and WH, and not the 1.8m high fence which was ultimately erected. 3. MH and WH deny they are responsible to pay a contribution because they say DN has not taken appropriate legal measures to obtain their consent to the fence. 4. The Issues to be resolved are: a. Was an agreement reached to build the boundary fence? b. If not, wa...

5. BL v E Ltd & UFH Ltd [2024] NZDT 655 (15 July 2024) [pdf, 218 KB]

   ...that they did not consent to proceedings continuing against the 2nd Respondent (UFH Limited). BL continued his claim against E Limited. 5. The issue for the Tribunal to determine is whether E Limited, as the manufacturer of the system, have any responsibility or liability for the failed installation? 6. The relevant law is the Consumer Guarantees Act 1993. (CGA) Whether E Limited, as the manufacturer of the system, have any responsibility or liability for the failed installat...

6. DI v KB Ltd and others [2024] NZDT 679 (28 August 2024) [pdf, 99 KB]

   ...The claim is dismissed. Reasons [1] DI and her father borrowed from SD, with OL’s consent, a vehicle which OL had previously lent to SD. While driving the vehicle, DI had a collision with another vehicle, for which she was subsequently found responsible. DI’s claim is that neither OL nor SD had told her that the vehicle she had borrowed was uninsured, and she considers that they are liable to reimburse her for the payment that she is obliged to make to the party whose car she dama...

7. QI v KI & L Ltd [2024] NZDT 629 (11 July 2024) [pdf, 188 KB]

   ...engaged in misleading and deceptive conduct for the following reasons: CI0301_CIV_DCDT_Order Page 2 of 3 (a) QI sent an email to KI on 18 December 2023 and again on 5 February 2024 asking for a refund of the invoiced amounts. QI received a response from KI’s legal representative on 13 February 2024 who confirmed that KI falsely issued PS1’s and PS4’s using certified engineers sign off without the engineer’s consent or involvement. The response also states that QI’s bu...

8. QG v EK [2024] NZDT 737 (13 September 2024) [pdf, 177 KB]

   ...she then contacted the [Shop] to be told that no order had been placed and nor did EK have an account. 3. On 24 April 2024, QG emailed EK seeking a refund of the money paid and provided her bank account details. She says that she received no response from EK until 21 July when he sent an apology for his actions. On 7 May 2024, QG filed a complaint with the New Zealand Police, who recommended a civil claim. 4. QG claims the total sum of $13,933.67, comprising a deposit of $11,4...

9. EF v TB [2024] NZDT 617 (12 September 2024) [pdf, 100 KB]

   ...or to property belonging to another. In the event a person does cause harm to property, that person may be held liable in negligence to compensate the innocent person for their loss. CI0301_CIV_DCDT_Order Page 2 of 4 4. TB has accepted responsibility for the accident; however, his insurer has submitted that he is not liable as there has been no negligence. 5. TB stated he believes he had a seizure as he has no memory of the accident. TB recalls that his left arm and leg st...

10. LR v U Ltd [2024] NZDT 459 (20 June 2024) [pdf, 170 KB]

    ...apply to that kind, is a contract for carriage at limited carrier’s risk. 9. Where goods are carried at limited carrier’s risk, the contracting carrier is liable to the contracting party for any loss or damage that occurs while the carrier is responsible for the goods, but liability is limited under s 259 to the sum of $2,000 for each unit of goods lost or damaged. 10. SE said that the removal was carried out at the owner’s risk. However, in the absence of any evidence to th...