Disputes Tribunal of New Zealand

Negligence / Applicant and Respondents are neighbours / Applicant alleges Respondent's contractors caused damage to his fence, plantings and removed boundary markers / Applicant claims payment to remediate damage / Held: Respondent has a duty of care to Applicant to ensure contractors are aware of property boundaries / Respondent ordered to pay Applicant $2,980.25 / Claim allowed.

Sale of goods / Fair Trading Act 1986 (FTA) / Applicant bought pump from Respondent believing it was bi-rotational / Applicant sold pump to third-party and it damaged the third-party's truck / Applicant claims $5,869.41 covering damages paid to third-party, mechanic fees and truck's mileage / Held: Respondent contracted out ss 9 and 13 of FTA through Warning Notice or Disclaimer given to Appellant / wording of Warranty Policy makes it clear that Respondent's liability is limited to repair or replacing product / Claim dismissed.

Contract / House sharing agreement / Applicants entered into a house sharing agreement with Respondent / Incident occurred between an Applicant and a neighbour / Respondent confronted Applicant and issued notice of termination / Applicants claimed that Respondent had not complied with the Agreement and not was not entitled to issue a notice of termination / Held: Applicant had not breached House Sharing Agreement / Respondent not entitled to issue a notice of termination / Applicants entitled to compensation for breach of quiet enjoyment / Respondent ordered to pay Applicants $771.43 / Claim allowed.

Negligence / Dog Control Act 1963 / Applicant was walking her dogs at the beach / Respondent was walking her dog down the beach / Respondent’s dog bit Applicants dogs / Applicant claims $,2576.22 vet fees, $65.30 for medical treatment and filling fee / Held: Respondent’s dog attacked Applicant's dog / Respondent liable to pay for vert costs and travel expenses / Respondent ordered to pay Applicant $2,676.22 / Claim allowed in part.

Agency / Applicant and Respondent agreed for Respondent to return motorbike if Applicant would pay Respondent $1,700 / Applicant claims Respondent breached agreement as bike has not been returned / Applicant claims he paid Respondent $950 via bank transfer and $750 via third party / Applicant claims $1,640 for value of motorbike less helmet Respondent paid for but did not receive / Respondent claims she did not receive money from third party / Held: third party deemed to be an implied agent as they were on the Applicant’s property / Applicant has therefore paid Respondent as per their agreement / Applicant must pay Respondent $1640.00 / claim allowed.

Contract / Applicant and Respondent were flatmates / They signed an agreement under which the Applicant was the head tenant / Weekly rent was $200.00 and bond was $4000.00 / Under the agreement, Respondent obliged to give 14 days’ notice if he wished to vacate the property / Applicant claimed the Respondent left without giving the required period of notice, and claimed for unpaid rent / Respondent stated that he informed the Applicant that intended to leave the flat, which he did on that day / Respondent outlined reasons he left the property including lack of cleanliness, noise concerns and flatmates having covid / Applicant said that Respondent had never complained about these issues / Applicant claimed $685.71 for unpaid rent / Held: Respondent lived at the property for six months without complaining about its condition / Flatmates who share a property may have different standards as far as cleanliness and noise are concerned, and some reasonable negotiation would be expected before …

Insurance / Negligence / Applicant's daughter and Respondent involved in car collision / Applicant claims $4327.39 repair costs / Held: Evidence unreliable from both Applicant and Respondent on exact position of cars during collision / Applicant provided insufficient evidence to discharge burden of proof / Claim and counterclaim dismissed.

Fencing Act 1978 / Applicants served a fencing notice to Respondents / Applicants seek an order for proposed fence to be built at their own expense / Respondents reject any fence and counterclaim $656 for lawyer's fees incurred / Held: Applicants cannot insist for boundary fence to be built without consent of Respondents as Respondents are also owners / Applicants not liable to pay Respondents' lawyer fees / Claim dismissed / Counterclaim dismissed.

Contract / Consumer Guarantees Act 1993 / Applicants took their vehicle to Respondent to repair car's roof /  Applicants brought car back after work completed as roof continued to leak / Respondent recommended taking car to panelbeater for “adjustment” / “Adjustment" fixed Applicants leaking roof / Applicants claimed Respondent’s assessment incorrect / Applicant claimed $9479 for repairs and related costs / Held: reasonable care and skill was shown by Respondent / Respondent’s response to Applicants' query in line with industry practices / Claim dismissed.

Contract / Applicant and Respondent entered into a contract to construct fence between their properties / Applicant unhappy with cabbage tree being cut and quality of new fence / Applicant asks for a declaration that they are not liable to pay Respondent $1,500 / Held: cutting down the cabbage tree does not negate the agreement / Applicant liable to pay Respondent for the fence however Applicant is entitled to some compensation / Applicant ordered to pay Respondent $1,000 / Claim partly allowed.

Contract / Contract and Commercial Law Act 2017 / Applicant was gifted a voucher for a big game charter / Voucher expired on 17 September 2022 / Applicant emailed the Respondent in August seeking to redeem the voucher in October 2022 instead / Respondent replied they were happy to extend it until December / When the Applicant went to book to redeem his voucher Respondent claimed the Applicant had a year to redeem the voucher so declined their request / Whether the Respondent agreed to vary the contract expiry date / If so, whether the Respondent breached the contract by failing to provide it when it promised to / Held: Respondent agreed to vary the contract expiry date in email correspondence / Applicant accepted the extension of time and relied on that when he decided not to use the voucher until a later date / Respondent breached the contract by failing to provide what it agreed to / Loss incurred was the cost of the voucher which was $2,500 / Claim granted.

Unjust enrichment / Applicants made incorrect online bank transfer to Respondents / Applicants claim the $3,040.60 that was incorrectly paid to the Applicants / Held: Respondents have been unjustly enriched by payments made by Applicants / Respondents order to Applicants $3,040.60 / Claim allowed.

Contract / Building Act 2004 / Applicant purchased new build property / Respondent built property / Applicant noticed defects in property / Applicant claims $10,000 / Held: Applicant’s evidence was general not specific / Standard burden of proof applies / Respondent ordered to pay Applicant $125 for minor damage to property / Claim dismissed.