Disputes Tribunal of New Zealand

Contract / Consumers Guarantees Act 1993 / Contract and Commercial Law Act 2017 / Applicant purchased mare from Respondent / Applicant discovered mare was in foal and needed specialist care / Applicants claimed $2970 compensation for specialist care / Held: Respondent did not misrepresent mare's condition to Applicant / Neither Applicant nor Respondent made a mistake about mare's condition at time of sale / Claim dismissed.

Contract / Conditional contract / Applicant requested Respondent to provide quotation for house removal / Respondent's initial quotation based on assumption that concrete base around house was hollow but it was entirely concrete / Applicant did not accept new quotation / Respondent partially refunded and retained $5,000 deposit / Applicant claimed remaining deposit / Held: not appropriate for Respondent to bear entire risk as both Applicant and Respondent could have waited for property to be available before agreeing on quotation / Condition placed on quotation not met / New contract with different scope and price was not formed as Applicant did not accept quotation / Respondent ordered to pay Applicant $2,493 / Claim partially allowed.

Contract / Contract and Commercial Law Act 2017 / Applicants owned rental property / Applicants’ property manager engaged Respondent for work on Applicants’ property / Applicants paid initial $3000 towards Respondent’s work / Property manager cancelled Respondent’s work at Applicants’ property after issues with Respondent’s work on other properties managed by property manager / Applicants claimed refund of $3000 and 14.5% interest / Held: contract was between Applicant and Respondent, not Respondent and property manager / Contract was cancelled, work was not carried out / Applicants entitled to refund / Applicants entitled to interest, but 14.5% rate unreasonable / Respondent ordered to pay Applicants $3000 plus $100.25 interest / Claim allowed.  

Consumer law / Consumer Guarantees Act 1993 / Motor Vehicle Sales Act 2003 / Applicant purchased second-hand vehicle from Respondent for $11,000 / Respondent claimed repairs had recently been done / Vehicle broke down on way home from purchase / Applicant discovered Respondent bought vehicle only 6 days prior for $6000, price reflected repairs needed / Applicant produced evidence Respondent was in trade / Applicant claimed refund / Held: Respondent was a motor vehicle trader, although not registered or licensed / Respondent therefore subject to consumer legislation / Vehicle not of acceptable quality / Applicant entitled to cancel sale and obtain refund / Respondent ordered to pay Applicant $11,000 / Claim allowed.

Contract / Consumer Guarantees Act 1993 / Applicant is professional piano teacher and brought digital piano from Respondent for business purposes / Over next 3 years, Applicant returned piano to Respondent numerous times to discuss complaints / Applicant identified 7 return trips from her home to Respondent / Applicant claimed $1,812.00 for cost of travel, as well back therapist costs as she suffered injury carrying piano  / Held: on only one occasion was there breach of guarantee as to fitness for purpose or acceptable quality / Piano was returned in functional state and remains so today / Personal injury claim is exclusively for ACC / Costs for two return trips is allowed / Respondent must pay Applicant $78.98 / Claim partially granted.

Contract / Contract and Commercial Law Act 2017 / Applicant engaged Respondent to transport two consignments of planks / Respondent delivered one consignment, comprising three packets of planks, to wrong recipient / Recipient used two packets before realising error and returning third packet / Missing packets had to be replaced by Applicant for intended recipient / Applicant claimed $23,585.34 compensation / Held: contract between parties was contract of limited carrier liability / Goods went missing while Respondent responsible for them / Respondent liable for missing goods / In contracts of limited carrier liability, the legislation limited liability to $2000 per unit of goods damaged / Applicant entitled to $2000 for each packet delivered in error by Respondent / Respondent ordered to pay Applicant $4000 / Claim allowed.

Consumers Guarantees Act 1993 / Applicant contacted Respondent regarding services they could provide regarding black mould removal / Applicant claims she did not receive a scope of work or a quote / Applicant notes Respondent did not recommend a registered building surveyor to carry out inspection services / Respondent claims that it was made clear to Applicant that she would not receive a report of scope and costings / Applicant has claimed breach of care and skill / Held: Applicant did not prove that Respondent had breached care and skill in carrying out a maintenance survey / Contract was not breached regarding house inspection / Claim and counter claim dismissed.

Tort / Liability / Warning signs / Towing / Applicant parked vehicle on private land and was towed by Respondent / Applicant said lessee of property had not given Respondent authority to tow vehicles / Applicant claimed refund of $350 paid to retrieve vehicle / Held: Applicant parked on private land / No requirement for warning signage on private land / Respondent demonstrated they had authority to tow vehicle / Claim dismissed.

Contract / Misrepresentation / Applicant purchased property from Respondent / Applicant were told property had gas cooktop and gas hot water system but these were electric upon visit by Applicant / Applicant claimed damages for misrepresentation / Held: there was misleading representation made by Respondent through its agent / Representation induced Applicant's entry into contract / Respondent liable to pay damages / Respondent ordered to pay Applicant $24,722.70 / Claim allowed.

Contract / Consumer Guarantees Act 1993 / Applicant engaged Respondent to provide food platters, drinks, and bar services for Applicant’s wedding for $2,000.00 / Respondent experienced resourcing and illness issues / Many of the agreed services and resources were not provided by Respondent / Applicant claimed refund of $1,500.00 from Respondent alleged that she failed to provide services with reasonable care and skill / Respondent counterclaimed $3,500.00 for stress, online slander and derogatory comments she alleged were made by Applicant resulting in loss of work / Held: Respondent did not carry out her services with reasonable care and skill / Despite issues, responsibility of Respondent to ensure she could provide promised services / Tribunal does not have jurisdiction to hear claim for stress, slander and derogatory comments / Claim granted and counterclaim dismissed.

Consumer Law / Consumer Guarantees Act 1993 / Applicant engaged Respondent to repair leaking deck / Following repair, water ingress occurred to two of Applicant's downstairs bedrooms / Applicant claimed uninsured losses totalling to $30,000 / Held: Respondent failed to carry out its service with reasonable care and skill / Respondent's failure of guarantee of reasonable care and skill was of substantial character / Respondent ordered to pay Applicant $28,569.28 and Applicant's Insurer $1,430.72 / Claim allowed.

Contract / Consumer Guarantees Act 1993 / Applicant bought dog from Respondent / Dog diagnosed with medical condition / Applicant claimed compensation for past, ongoing and expected veterinary costs and reimbursement of $3,000 purchase price / Held: dog sold by Respondent not of acceptable quality / Parties agreed dog was worth $1,000 / Respondent ordered to pay Applicant $2,300, dog's value and reimbursement for vet invoices / Claim allowed in part.

Contract / Applicant purchased property from Respondent / Applicant discovered stovetop is not in reasonable working order / Applicant claimed compensation for breach of warranty / Held: stovetop not in reasonable working condition / Applicant entitled to be reinstated to the position she would have been in had Respondent not breached agreement / Respondent ordered to pay Applicant $916.36 / Claim allowed.