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1. NR v HT [2019] NZDT 1335 (6 November 2019) [pdf, 222 KB]

   ...Page 3 of 7 Was the boat of acceptable quality and fit for purpose? 7. However, as the Xs decided to sell their boat through an agent who is acting “in trade”, the sale of the boat became subject to the statutory warranties set out in the Consumer Guarantees Act 1993 (the CGA): Walters & Ors v Taylor Marine Limited & Ors (HC, AK CIV-2006-404-2772). 8. As a result, the boat was required to be of acceptable quality and fit for purpose as those terms are defined in s...

2. Regulatory Impact Statement improvements to district court rules [pdf, 66 KB]

   ...Rules Executive summary 1. The District Courts Rules 2009 (the Rules) prescribe pre-court procedural steps that require parties in civil cases to exchange lengthy court forms before their case comes before a judge. These requirements are time-consuming and can make limited contribution to resolving a case. 2. This RIS reviews three options for addressing these problems: A. retaining the status quo; B. adopting the High Court Rules; or C. adopting a modified version of the Dis...

3. FR v TI [2019] NZDT 1145 (12 April 2019) [pdf, 80 KB]

   ...reasonable care, and to ensure it is fit for purpose? (b) If not, is any sum due to the company? Has the company provided its service with reasonable care, and in a manner that is fit for purpose? [6] The company is providing a service to which the Consumer Guarantees Act 1993 applies. Consequently, the company is required to ensure that it carries out its services with reasonable care and skill (s28), and in a manner that results in a product that is fit for purpose (s29)....

4. Van Workum & Ors as Trustees of the Van Workum Family Trust v Auckland City Council [2010] NZWHT Auckland 20 [pdf, 210 KB]

   ...misleading conduct or misrepresentations. Based on the conduct of Mr Crowther leading up to the purchase of the dwelling, the claimants seek an order against Mr Crowther pursuant to section 43(2)(d) of the FTA for: Remedial costs $309,319.88 Consequential costs $ 68,913.90 Less settlement - $212,500.00 Sub-total $165,733.78 General damages $ 25,000.00 Total $190,733.78 Page | 9 [21] Mr Wilson, a registered building surveyor and a director of Maynard...

5. Revill v Registrar of REAA [2011] NZREADT 41 [pdf, 125 KB]

   ...proper person. The judgment of the Court is to be made in the interests of the community having regard for the legal profession. [17] We accept that this principle is equally applicable to licensing decisions under the Act which is a piece of consumer legislation and s.3 puts its purposes as: “to promote and protect the interests of consumers in respect of transactions that relate to real estate and to promote public confidence in the performance of real estate agency work.”...

6. FN & NH v K Ltd & O Ltd [2023] NZDT 466 (25 August 2023) [pdf, 247 KB]

   ...21. O Ltd and K Ltd were obliged to exercise reasonable care and skill in the services that they provided to NH and FN.1 22. There are two strands to the argument put forward by NH and FN that O Ltd and K Ltd failed to meet that standard: 1 Consumer Guarantees Act 1993, section 28 CI0301_CIV_DCDT_Order Page 3 of 6 a. That ZB unilaterally decided, or that he influenced / persuaded NH and FN to agree, to use the existing fence as the boundary line between Lot 1 and Lot...

7. SN & FN v U Ltd [2022] NZDT 260 (21 December 2022) [pdf, 121 KB]

   ...What is payable on the claim and counter-claim? Did U Ltd provide its service with reasonable care and skill and is the product of its service fit for purpose? 7. The Consumer Guarantees Act 1993 (‘CGA’) provides statutory guarantees to consumers, the relevant guarantees in this case being that a supplier will carry out its services with reasonable care and skill and that the product resulting from a service will be fit for purpose (sections 28 and 29, CGA). 8. I find tha...

8. [2021] NZREADT 38 - Feng (29 July 2021) [pdf, 213 KB]

   ...need to be considered before the Tribunal arrives at what it considers is the appropriate penalty. [12] The culpability of the appellants carried out advertising of the property in a way that was inherently misleading. Even without proof that consequential harm was caused to third parties, the advertising on its own amounted to unsatisfactory conduct. Misleading advertising such as occurred here contravenes the objectives of the Act set out in s 3 of the Real Estate Agents Act 20...

9. BT & Q Ltd v U Ltd [2024] NZDT 550 (8 August 2024) [pdf, 182 KB]

   CI0301_CIV_DCDT_Order Page 1 of 3 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL [2024] NZDT 550 FIRST APPLICANT BT SECOND APPLICANT Q Ltd RESPONDENT U Ltd The Tribunal orders: 1. The claim by Q Ltd is struck out. 2. The claim by BT is dismissed. Reasons: 1. On 26 May 2024, Q Ltd and BT filed a claim against U Ltd. They allege that U Ltd engaged in unconscionable behaviour by closing the company credit account on

10. BT v WN Ltd [2023] NZDT 14 (19 April 2023) [pdf, 111 KB]

    ...reconnect the chartplotter and the cost of haul out and hardstand fees while this work was completed. The applicant claims she is entitled to this amount because the seller breached the sale and purchase agreement, failed to meet warrantees under the Consumer Guarantees Act 1993, and misrepresented the condition of the vessel. Further the applicant claims she is entitled to recover this amount from WN Ltd because as broker of the sale, WN Ltd breached its obligations to her under the...