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1. BG v SI Ltd [2022] NZDT 292 (15 December 2022) [pdf, 116 KB]

   ...under the Act. 10. This means that BG is not entitled to reject the system and obtain a refund of the price paid. BG claim is therefore dismissed. Referee: R Merrett Date: 15 December 2022 Page 3 of 3 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the relevant information was not available at the time. If you wish to apply for a rehe...

2. C Ltd v KQ [2022] NZDT 1 (14 March 2022) [pdf, 106 KB]

   ...being liable for $2,500.00 of C LTD’s loss. 9. For the reasons given above KQ is ordered to pay $2,500.00 to C Ltd. Referee: B M Smallbone Date: Monday, 14 March 2022 Page 3 of 3 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the relevant information was not available at the time. If you wish to apply for a reh...

3. TT v ST [2023] NZDT 31 (20 March 2023) [pdf, 166 KB]

   ...them in time to stop. ST cannot be negligently liable when it has done all it could reasonably be expected to do. 5. For this reason, the claim is dismissed. Referee: P McKinstry Date: 20 March 2023 Page 2 of 2 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the relevant information was not available at the time. If you wish to apply for a reh...

4. TU v CE D Ltd [2023] NZDT 206 (19 June 2023) [pdf, 201 KB]

   ...of the Consumer Guarantees Act 1993 apply. There has been a substantial failure of the Guarantee of Delivery. Should D Ltd pay for grid power paid for by TU? 3. TU has claimed that D Ltd should pay for his power as a consequence of non-performance of the contract. Section 28(4) of the Consumer Guarantees Act 1993 provides for consumers to: “….obtain from the supplier damages for any loss or damage to the consumer resulting from the failure … which was reasonably fore...

5. NB v TT [2023] NZDT 296 (21 July 2023) [pdf, 86 KB]

   ...Section 42 of the Disputes Tribunal Act provides that where the case of any party is not presented to the Tribunal after a reasonable opportunity has been given to that party to do so, the matter may be resolved by the Tribunal on such evidence or information as is before it. 2. According to NB’s evidence at the hearing, NB and TT were friends. TT, the owner of a bar, asked NB to weld some of the chairs for the bar, as NB is a welder. They verbally agreed on a rate of $20.00 per cha...

6. GB v R Ltd [2021] NZDT 1653 (4 November 2021) [pdf, 174 KB]

   ...or indirectly as a result of the injury, and so the Tribunal does not have jurisdiction to hear the claim. 11. For these reasons the claim is struck out. Referee: L Trevelyan Date: 4 November 2021 Page 3 of 3 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the relevant information was not available at the time. If you wish to apply for a reh...

7. Tauranga app pack May 2021 [doc, 75 KB]

   3 Notes for Applicants – Tenancy Adjudicator Position Thank you for your recent enquiry regarding the position of Tenancy Adjudicator in the Tauranga area. Enclosed please find: 1. Application for position 2. Questionnaire form 3. Position Description Your Application Please email your application to: tania.togiatama@justice.govt.nz or post to Principal Tenancy Adjudicator, PO Box 2124, Rotorua 3040. Applications close at 5.00pm on 19 May 2021. Your application should include:...

8. TD v KO [2021] NZDT 1684 (20 December 2021) [pdf, 216 KB]

   ...1988) ORDER OF DISPUTES TRIBUNAL District Court [2021] NZDT 1684 APPLICANT TD RESPONDENT KO The Tribunal orders: The claim is dismissed. DD is to remain in the possession of KO. Reasons: 1. TD claims her former neighbour, KO, gifted her a young cat named D on 8/6/2021 in the course of a telephone conversation. Following the conversation, TD took the cat to the vet, had him vaccinated and microchipped, renamed him P, and had a cat door installed....

9. M Ltd v CQ [2023] NZDT 571 (17 November 2023) [pdf, 90 KB]

   ...which a link is provided on the “Quote” state at clause 3 “You acknowledge that the Estimation is not a binding price for the services and that you will be charged for actual services carried out by us for you”. 5. Any ambiguity in the formation of a contract is interpreted according to the contra proferentem rule which means the preferred meaning should be the one that works against the interests of the party that provided the wording. 6. Even though arguably, one...

10. T Ltd v MC [2023] NZDT 614 (23 November 2023) [pdf, 188 KB]

    ...accommodation arrangement is or is not a residential tenancy or boarding house arrangement. T Ltd was given until 24 July 2023 to provide confirmation from the Tenancy Tribunal as to the nature of the arrangement. 4. T Ltd did not provide any information in the Disputes Tribunal before 24 July and the matter was set down for further hearing in front of me.1 DI advised at the second hearing that he had contacted Tenancy Services after the previous hearing and was told this was not a mat...