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CI0301_CIV_DCDT_Order Page 1 of 4 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL District Court [2023] NZDT 2023 APPLICANT CL APPLICANT NN RESPONDENT BT SECOND RESPONDENT B Ltd The Tribunal orders: The claim is dismissed against both respondents. Reasons 1. In 2016, CL and NN engaged B Ltd to carry out a pre-purchase inspection for a house they were buying. A written report was provided and CL and NN proceede
...suppliers of services in trade and consumers. One of these is the guarantee that services must be provided with reasonable care and skill. In terms of the building trade, standards which the services must conform with include the requirements of the law including the Building Codes and specific Standards, and in other matters, the standards of good practice common in the profession generally. 5. HD disputed the conclusions that DM had reached about the quality of the work. HD appear...
...shoes, or that Ms XXXX has failed to ask for free shoes. However, the Ministry did not provide any evidence that Ms XXXX has an entitlement to free shoes from the hospital or Orthotic Centre. The Ministry’s agent was unable to point to any law or policy documents saying that Ms XXXX was entitled to free shoes. The Ministry did not call a witness from the State health services to say that free shoes would be available. The Ministry produced no evidence that they had troubled them...
...whether the failures were substantial; and - if failures were reparable, whether HK was obliged to give WG an opportunity to repair them; and - depending on what is established regarding those issues, what remedy or remedies should follow. The law [13] The parties’ contract is covered by the Consumer Guarantees Act 1993 (“the CGA”). The CGA provides guarantees in supplies of goods and services by traders to consumers. In this case, there is no complaint about the materials tha...
...July 2021, however these related to the underlying claim and were not specific to the issue of costs. [9] No submissions were received from Ngāti Tai Hapū Incorporation, which withdrew from the proceedings on 17 November 2020. Ngā Ture The Law [10] Section 79(1) of the Act provides: 79 Orders as to costs (1) In any proceedings, the court may make such order as it thinks just as to the payment of the costs of those proceedings, or of any proceedings or matters incidental o...
...Bamber [11] Kathleen Bamber’s submissions focused on the source of the bankruptcy proceedings, which is the debt she and her husband owe to the Tahorakuri A1 33A2 Ahu Whenua Trust. She disputes the costs claimed by the ahu whenua trust’s lawyers and asserts that it is unjust that her home will be taken by the Official Assignee. She has made several submissions about the impact on her whānau. She continues to pursue the ahu whenua 260 Waiariki MB 140 trustees in a...
...CI0301_CIV_DCDT_Order Page 2 of 4 5. There followed a shorter phone conversation later that day and brief email correspondence over the next day or two. DI realised during the conversations on 15 November 2021 that B was not an employment lawyer as she had thought and questioned his credentials in a phone call that evening. Nevertheless, in response to his enquiry the next day about whether she intended to come back to him, she replied that she would ‘get back to him in the next
...full refund of the amount he paid for the trip. 12. The hearing took place on 23 December 2022 at the Kaikohe Court. BP appeared in person. NP, representing G Ltd, attended by phone. CI0301_CIV_DCDT_Order Page 2 of 4 13. The relevant law is the Consumer Guarantees Act 1993 (“CGA”). Section 28 CGA states that where services are provided to a consumer there is a guarantee that the service provider will exercise reasonable care and skill. 14. BP also referred to, and...
...Pohio’s wishes that her sons occupy or have use of 75 Te Waipounamu MB 183 different parts of the block. Ms Pohio submitted that the area that Michael Pohio seeks to occupy is consistent with their mother’s wishes. Te Ture The law [23] The Court’s jurisdiction to grant an occupation order is per s 328 of the Act. Before granting such an order the Court must consider the matters set out in Section 329 as follows: 329 Matters to be considered (1) In deciding w...
...from the failure of its equipment to protect her goods while in its possession. The amount of the loss is $16,808.50. The amount N Ltd is to pay is $16,808.50 less $2380.00 = $14,428.50. 23. In reaching this decision I have had regard to the law and the merits and justice of the case. Referee: BM Smallbone Date: Monday 27 November 2023 Page 5 of 5 Information for Parties Rehearings You can apply for a rehearing if you believe that somethin...