Disputes Tribunal of New Zealand

Contract / Applicant had agreement with Respondent that she could store second building materials at his house / After a period of time the Respondent asked her to remove them / They were not made available to her / Applicant sought an award of the cost of replacing the building materials / Respondent said the materials were of no value / He texted and asked that she removed the materials but Applicant did not respond / After no response, Respondent then dumped them / Held: Respondent had a duty to take care of the items for a reasonable amount of time / There was insufficient evidence to establish the facts surrounding the removal requests / The materials were used and damaged / The monetary value could not be established / Claim dismissed.

Negligence / Car operated by Respondents hit Applicant’s car causing damage / Respondent 1 operated brake and accelerator from passenger seat / Respondent 2 operated steering wheel and directed Respondent 1 / Applicant and insurer sought $3,224.27 in damages / Respondent 2 denied liability / Held: Respondent 2 was in control of the car at the time of the collision and failed to exercise reasonable care / Respondent 1 also owed and breached their duty of care to ensure it operated safely / Both Respondents jointly and severally liable to pay Applicant’s insurer $3,178.40 for car damages and associated costs / Claim granted.

Contract / Misrepresentation / Contract and Commercial Law Act 2017 / Applicant purchased a unit in Respondent’s village after watching a video where village was presented as a secure gated community / Applicant claimed village was not a secure gated community / Applicant claimed $30,000.00 for burglar alarm remotes, security cameras, and 20 years of internet connection and phone costs / Held: Applicant was induced to enter contract based on representation that village was secure gate community / Evidence indicated village was not secure gated community / Applicant entitled to $849.00 for security cameras, purchased to rectify misrepresentation / Applicant not entitled to $900.00 for burglar alarm remotes / Applicant not entitled to claim for 20 years of fibre and phone plans and replacement phones, amounting to $28,251.00 / Respondent ordered to pay $849.00 / Claim allowed in part.

Contract / Jurisdiction / Applicant travelled to New Zealand with Respondent airline / Respondent charged additional baggage fee for Applicant’s air rifle / Applicant claimed additional charge contradicted Respondent’s baggage policy / Held: matter was a contract dispute / Contract between parties was formed outside New Zealand / Tribunal did not have extra-territorial jurisdiction / No jurisdiction to determine dispute / Claim struck out.

Contract / Contract and Commercial Law Act 2017 / Applicant rented Respondent's short-term accommodation / Applicant not satisfied with certain aspects of property and moved out to another accommodation / Applicant claimed full refund of $1,660 / Held: Applicant did not receive what she had contracted to receive / Applicant validly cancelled contract due to Respondent's breach / Respondent ordered to pay $1,367.50 to Applicant / Claim allowed.

Contract / Misrepresentation / Contract and Commercial Law Act 2017 / Applicant purchased horse from Respondent for $13,000 / Before purchase, Applicant inquired about horse’s health / Respondent represented horse as healthy, provided veterinary certificate to this effect / Once obtained, horse discovered by Applicant to have lame gait / Applicant claimed Respondent misrepresented condition of horse, sought $9,000 compensation / Respondent admitted to altering vet certificate to remove details of lameness, but denied liability for compensation / Held: Applicant was induced to buy horse by reliance on misleading vet certificate / Applicant’s claim for compensation reasonable / Respondent ordered to pay $9,000 / Claim allowed.

Contract / Applicant became member on Respondent's platform by providing incorrect date of birth / Respondent suspended Applicant's account / Applicant claimed for reimbursement of success fees paid while minor / Held: Respondent entitled to be paid for service Applicant used / Respondent entitled to keep success fees paid by a minor / Claim dismissed.

Contract / Applicant purchased property owned by trustees of family trust / Applicant said oven and heated towel rail were not in reasonable working order at date of settlement / Applicant claimed $1,225 for breach of warranty / Held: heated towel rail was in reasonable working order at time of settlement but not the oven / Respondent not obliged to have oven inspected by registered electrician / Applicant had already negotiated reduction in price after agreement declared unconditional / Respondent ordered to pay Applicant $500 / Claim allowed in part.

Transport law / Land Transport Act 1988 / Land Transport (Road User) Rules 2004 / Applicant and Respondent involved in vehicle collision / Applicant’s insurer claimed $6,179.62 damages / Held: Drivers have a duty to act with reasonable care and due consideration for others / Applicant breached duty of care and caused collision / Insufficient evidence that Respondent caused collision / Claim dismissed.

Contract / Fair Trading Act 1986 / Applicant engaged into two contracts with Respondents / First contract worth $9,500, Respondent was to provide resource consent plans for building work / Respondent was to complete work within 20 days of receipt of a 50% deposit / Second contract, worth $5,893.75 contained same terms but for consent draughting / Applicant paid requested deposit of $8,770 but did not receive plans by due date / Applicant sought refund of deposit / Held: Respondent breached contract by not supplying plans on time / Respondent misrepresented himself by saying he was licenced and capable of carrying out agreed work when he was not / Respondents were  jointly and severally liable to pay the sum of $8,936.22, deposit and interest, to Applicant / Claim granted.

Consumer law / Misrepresentation / Respondent performed faulty work on Applicant's hot water cylinder / Respondent not a qualified plumber or electrician / Applicant claimed cost of electrical work to rectify faulty work by Respondent / Held: Respondent misrepresented his qualifications / Applicant entitled to compensation / Respondent ordered to pay Applicant $2,799.31 / Claim allowed

Negligence / Land Transport (Road User) Rules 2004 / Applicant and Respondent were involved in a car collision / Applicant alleged he pulled up behind Respondent when the Respondent suddenly reversed into him / Applicant and his insurer claimed damages of $10964.91 / Respondent argued he had no option but to reverse as he was threatened by the driver in front of him / Held: combination of other driver’s intimidating driving and threats to Respondent would have made an ordinary person fear for themselves and their physical safety / Respondent’s reaction to the other driver reversing towards his vehicle would have created a real concern for his safety / Respondent not liable for damage to Applicant’s vehicle / Claim dismissed.

Contract / Consumer Guarantees Act 1993 / Applicants booked first class return fares through Respondent / One of the Applicants had a seat that malfunctioned for part of the return journey / Respondent compensated Applicant with 80,000 award points, $3,800 equivalent / Applicant sought $15,000 in compensation, $11,000 for seat defect and $4000 for loss of enjoyment / Alternatively, Applicant sought $3,800 instead of 80,000 award points / Held: Applicant miscalculated compensation / Correct amount for seat defect is $3,800 / Compensation for loss of enjoyment dismissed as cannot be calculated as objective figure / Respondents ordered to pay Applicants $3,800 for seat defect / Claim granted in part.