Disputes Tribunal of New Zealand

Negligence / Applicant and Respondent are neighbours and share a driveway / Respondent bought new subdivision and engaged construction company to build new house / Applicant states that heavy trucks damaged water pipes and caused cracks in his driveway / Applicant claimed $4,062.95 for driveway repairs and $1,550 for water bills from cracked water pipes / Held: Respondent not liable in negligence to Applicant for any actions or omissions of contractors working on his new house / No remedy available to the applicant / Claim dismissed.

Consumer law / Consumer Guarantees Act 1993 / Applicant purchased caravan from Respondent / Applicant contracted with Respondent to deliver caravan / Delivery costs was $4,000.00 / Caravan had insect infestation / Applicant attempted to clean up infestation / Respondent assisted with insect cleaning / Applicant asked for refund / Respondent agreed conditional upon Applicant returning caravan / Cost of return was $6,000.00 / Applicant claimed supplied goods not up to standard / Applicant sought delivery costs and return total $10,000.00 / Held: Respondent supplied goods that were not up to standard / Respondent ordered to pay Applicant $10,000.00 / Applicant to return caravan to Respondent / Claim granted.

Contract / Consumer Guarantees Act 1993 / Applicant engaged Respondent to provide design services for construction of new house / Respondent not able to complete work within Applicant’s budget / Applicant requested refund and claimed $18,525 / Held: Respondents communication to Applicant that it would not be able to build design produced within budget represented failure of reasonable care and skill / Cancellation of contract justified and an available remedy / Respondent ordered to pay Applicant $7,043.75 / Claim allowed in part.

Negligence / Respondent kicked in panels on Applicant’s car / Respondent also filled Applicant's petrol vehicle up with diesel / Applicant claimed compensation for the costs of repairing the petrol tank and panels / Applicant's car subsequently stolen / Held: Applicant's car was stolen and there is therefore no hope of it ever being repaired / It would be artificial to award Applicant compensation for repairs which will never be done / Claim dismissed.

Land Transport Rule: Operator Licensing 2017 / Towing / Applicant’s car towed in private carpark by Respondent / Applicant paid to have car released / Applicant claims Respondent did not have right to tow the car and costs claimed were not reasonable / Held: Respondent entitled to tow Applicant’s car / Cost of tow was reasonable / Claim dismissed.

Contract / Consumer Guarantees Act 1993 (CGA) / Applicant contracted Respondent to perform construction work / Applicant claims work done by Respondent was not undertaken with due care and skill, as laid out in the CGA, and claims $2,755.32 in compensation / Held: Respondent did not undertake work with requisite care and skill / evidence that tools were not suitable for the work / Respondent to pay Applicant compensation of $2,755.32 / Claim granted.

Contract / Consumer Guarantees Act 1993 / Applicant entered into contract with Respondent to provide price estimate for reclad of Respondent's property / Applicant claimed work has been completed and Respondent had not paid final invoice / Respondent claimed Applicant failed to provide services with reasonable care and skill / Applicant claimed $17,391.39 for outstanding invoice and legal costs / Held: Respondents failed to prove on balance of probabilities that work completed was in breach of statutory guarantees / Respondents breached second agreement by failing to pay invoices / Applicant not entitled to award of legal costs / Respondent ordered to pay Applicant $14,293.58 / Claim allowed in part.

Consumer law / Consumer Guarantees Act 1993 / Applicant purchased a bed from the Respondent / Applicant immediately complained about a strong odour from the bedhead / Applicant placed bed in storage / Applicant requested a bed replacement from the Respondent twenty months later / Whether the Applicant was out of time to reject the bed / Held: Applicant failed to reject the bed in a reasonable time / Twenty months delay was not reasonable / Claim dismissed.

Contract / Contract and Commercial Law Act 2017 / Applicant ordered T-shirts and basketballs singlets with printed branding from Respondent / Applicant’s client rejected the garments due to printing issues / Applicant refunded client / Applicant seeks full refund for amount paid, $5,209.82 and declaration they are not liable for a further invoice of $1,115.84 / Respondent claims printing issue caused by incorrect washing of garments by client / Held: Respondent breached implied conditions in ss138 and 139 of the CCLA as garments supplied were not fit for purpose / Applicant entitled to full refund of the price paid for the goods / Applicant is not liable to pay the remaining invoice / Applicant  is to make the garments available for collection by the Respondent within 7 days of receipt of payment of $5,209.82 / Claim granted.

Contract / Applicant provided trucking and various construction services to Respondent / Respondent declined to make payment on basis that Applicant's invoices do not match Respondent's site records / Applicant claims outstanding invoiced balance $8,981.50 / Held: Applicant provided all services invoiced and entire outstanding balance plus interest is payable by Respondent / Respondent ordered to pay Applicant $9,152.91 / claim allowed.

Negligence / Contributory Negligence Act 1947 (CNA) / Applicant dug hole during course of their work and damaged underground cables belonging to Respondent / Respondent issued invoice for $2,499.42 / Applicant claims for declaration of non-liability / Applicant claims they were not responsible for damage / Respondent counterclaims Applicant was negligent and caused damage to cables / Respondent counterclaims $2,499.42 in damages / Held: Tribunal is unable to rule on non-liability in tort / Held: Applicant partially responsible for damage under CNA / Respondent contributed to damage by only burying cables 150mm deep / Applicant to pay Respondent $999.77, being 40% of damages / Claim dismissed / Counterclaim partially upheld.

Property / Applicant and Respondent are family members involved in partnership that operated farm / Partnership dissolved in acrimonious circumstances / Applicant claims personal and partnership property remaining at farm after dissolution / Held: various chattels in dispute considered individually by Disputes Tribunal / Respondent's representative to collect two trailers and plumbing connections from Applicant / Respondent's representative to make available for collection any items listed as "A" in bundle of evidence / Respondent ordered to pay Applicant $1,125 / claim allowed.

Contract / Consumer Guarantees Act 1993 / Applicant took car to Respondent’s car wash / Soap suds were sprayed on car then carwash stopped working / Employee of Respondent washed off some suds / Applicant drove home and tried to hose off remaining suds / Sud marks left on car / Applicant claims for consequential damage caused by malfunction of the carwash / Held: damage caused by carwash malfunction / Applicant entitled to compensation / Respondent liable to pay $3,653.53 for cost of remedying damage, claim allowed