Disputes Tribunal of New Zealand

Consumers Guarantees Act 1993 / Fair Trading Act 1986 / Applicants contracted Respondent to provide pre-purchase inspection report for property / Applicants relied on Respondent's report that property was structurally sound and fit for purpose / Applicants bought property that needed repair / Applicants claim Respondents failed to note Dux Quest plumbing and rot on structural supporting beams of balcony / Applicants claim for compensation to repair both issues / Held: Respondent breached statutory guarantee to use reasonable care and skill / Respondent ordered to pay Applicant $29,842.10 / Claim allowed.

Consumer Guarantees Act 1993 / Applicant contacted Respondent to organise overseas travel / Applicant's luggage did not make it to his destination due to delay of first flight / Applicant is a photographer and his camera charger was in the luggage / Applicant not given necessary information for hiking tour and missed the first day / Applicant claims full refund of amount paid for trip / Held: Respondent is not liable for the delayed flight but failed to meet its duty of care by not ensuring the Applicant received maps for the hiking trip / Respondent ordered to pay Applicant $650 / Claim partially allowed.

Contract / Applicant engaged Respondent for building work / Parties agreed Respondent’s work to cost $50,000 / Applicant made several payments to Respondent, parties disagreed on total amount / Respondent carried out work, but left site following changes to building plans by Applicant’s architect / Applicant claimed refund of some payments made to Respondent, plus $31,000 cost of having another building company complete job / Held: Applicant’s separate claim against architect likely to reveal further information relevant to these proceedings / Hearing adjourned pending outcome of claim against architect.

Contract / Consumer Guarantees Act / Applicants bought an umbrella from Respondent / Applicants friends became sunburnt after using umbrella / Respondents agreed to replace umbrella / Respondents changed their mind / Refused to provide a refund or deliver the new umbrella / Applicants claim $1,800 for original price of umbrella / Held: Umbrella applicants originally purchased was not fit for purpose / Respondent’s refusal to replace umbrella after agreeing to constitutes breach of contract / Claim allowed / Respondents ordered to pay Applicants $1,800.

Contract / Parties lived together for 46 weeks / Applicant claimed Respondent agreed to make payments to him or contribute towards living expenses in lieu of rent and other costs / Applicant claimed $4,600.00 from Respondent / Held: no valid agreement between the parties / No clarity as to the terms of the agreement / Any arrangement between the parties was vague at best / Claim dismissed.

Consumer law / Consumer Guarantees Act 1993 / Applicant took her laptop to the Respondent for repairs / Respondent lost her laptop’s hard drive / Applicant claimed $10,000.00 in compensation / Held: Respondent failed to take reasonable care of the Applicant’s hard drive / No solid evidential basis for the suggestion that the hard drive date could not have been recovered / Compensation amount considered privacy concerns and inadequate approach to secure a device containing personal customer information / Respondent ordered to pay Applicant $4,000.00 in compensation / Claim granted.

Negligence / Applicant was driving his truck when he struck a cattle beast /  Animal died and Applicant’s truck was extensively damaged / Applicant filed claim against Respondent, owner of a nearby farm / Applicant filed $10,000 claim for the loss of his vehicle / Held: unable to establish who owned the animal / Evidence indicated Applicant’s vehicle was damaged as a result of collision with the animal / Respondent had a duty of care to ensure all the cattle grazing on his property were not at risk of escaping onto public roads and causing harm or damage to others / Respondent breached his duty of care to road users / Applicant entitled to compensation for damage to his vehicle / Respondent ordered to pay $9,000 to the Applicant, cost of vehicle minus $1,000 for his one month of ownership / Claim granted.

Property / Applicant rented a room in Respondent’s house / After Applicant left the property the Respondent held onto $400 bond / Applicant sought return of the bond and costs, $600 / Respondent sought $5,420, $4,560 for broken tiles and $120 for cleaning costs / Held: parties did not sign a flatmate agreement before the arrangement started / Applicant had paid all rent up to the point of departure / Applicant had no other recoverable costs / Not possible to prove Respondent’s claim for broken tiles / Cleaning cost of $25 awarded for small amount of dirt under bed / Applicant entitled to receive $375 back, his bond less $25 cleaning cost/ Applicant’s claim granted in part and majority of counterclaim dismissed.  

Contract / Respondent requested Applicant to quote a price for emptying his septic tank / Applicant estimated $800-$900 to empty a standard 3000L tank / Respondent’s tank was 4500L / Applicant’s employee completed the job over two trips / Applicant charged Respondent $1781.38 / Respondent disputes this amount / Applicant claims $1781.38 / Held: Assumption was on Applicant to check assumption and allow Respondent to make an informed decision / Claim partially allowed / Respondent to pay Applicant $1350.00.

Negligence / Nuisance / Applicant purchased property and noticed water leaking from neighbouring property / Applicant claims $30,000 for constructing pipe underground and driveway repairs / Held: No evidence to prove that Respondent artificially altered the natural flow of ground water by drilling three little holes in the wall / No nuisance created by Respondent / Claim dismissed.

Contract / Fencing Act 1978 / Applicant and Respondent were neighbours / Applicant wanted to place fence on boundary between their properties / Applicant claimed $1,545 from Respondent, half the cost of fencing work completed / Respondent denied agreeing towards fencing cost / Held: Applicant unable to prove there was a concluded agreement with Respondent / No adequate fence between the properties / No appropriate notice given by Applicant to Respondent / Respondent not liable for any costs claimed / Claim dismissed.

Contract and Commercial Law Act 2017 / Contract / Applicant engaged Respondent and paid deposit to build trailer to transport tiny house / Trailer not constructed by two to three weeks as promised / Applicant claims refund of $7,000 deposit / Held: respondent breached express term of agreement to construct trailer within reasonable timeframe / Applicant entitled to cancel contract and claim refund / Respondent ordered to pay Applicant $7,000 / Claim allowed.

Contract / Consumer Guarantees Act / Applicant paid Respondent $2700 as part-payment for installation of a balustrade / Applicant asked Respondent to contact her when they were ready to begin work / After a year, Applicant advised Respondent she could no longer proceed and requested a refund / Respondent refunded $2000 / Applicant claims the remaining $700 / Held: There was a failure of guarantee by Respondent because they had not provided the service in a reasonable timeframe as per the Consumer Guarantees Act / Claim allowed, Respondent to pay Applicant $700.