Disputes Tribunal of New Zealand

Contract / Consumer Guarantees Act 1993 / Applicant contracted Respondent to provide guided trip for $2,000 / Applicant completed two days of training with Respondent and was assessed to be suitable to complete trip / During the trip, Respondent decided that the Applicant was not sufficiently confident or competent to continue / Applicant claimed $1,500 refund on basis that the Respondent did not give sufficient guidance, and shouted and swore at the Applicant / Held: Respondent failed to provide its service with reasonable care and skill / Applicant entitled to cancel contract and refund / Respondent ordered to pay Applicant $1,500 / Claim allowed.

Sale of Goods / Consumer Guarantees Act 1993 / Fair Trading Act 1986 / Applicant bought campervan from Respondent / Applicant damaged campervan and insured it / Insurer refused to pay all repair costs due to prior damage / Applicant claimed $17,896 payment of campervan / Held: Respondent misrepresented condition of campervan / Respondent ordered to pay Applicant $9,396 / Claim partially allowed.

Consumer Guarantees Act 1993 / Applicant bought a scooter from the Respondent / Scooter broke down three times after the purchase / Applicant claims the scooter is not of acceptable quality and seeks to return the scooter to the Respondent and obtain a full refund  / Respondent wishes to repair the scooter rather than refund the Applicant / Held: the faults with the scooter are substantial thus Applicant is allowed to reject the goods and receive a full refund  / Respondent must pay the Applicant $3690 / Claim allowed.  

Tort / Duty of care / Land Transport Act 1998 / Applicant and Respondent involved in car accident, neither accepting liability / Applicant claimed $8,080 for damages / Respondent counterclaimed $4,606.44 for damages through Insurer / Held: more likely than not that angle of impact in accident caused by Applicant / Applicant breached reasonable duty of care / Applicants ordered to pay Respondent's Insurer $4,606.44 / Claim dismissed.

Negligence / Respondent attended a party at Applicant’s house / Fight occurred and Respondent kicked in a pane of glass in Applicant’s front door / Chips of glass hit the TV screen causing damage / Applicant claimed $2,240.00 for damage / Whether costs were reasonable / Held: foreseeable that kicking the glass panel would damage the nearby TV / Applicant entitled to be restored to position before damage occurred / Reasonable compensation to replace the tv was $900.00 / Cost to repair glass pane was $239.30 / Respondent must pay Applicant $1,139.30 as compensation / Claim granted.

Contract /Contract and Commercial Law Act 2017 / Applicant contracted Respondent to provide marketing services / Relationship between parties broke down / Applicant claimed Respondent induced them to enter contract by misrepresenting expertise / Applicant claimed  Respondent breached terms of contract by not bringing expertise / Applicant claimed $30,000.00 / Respondent counterclaimed $10,675.53 for failure to make contracted payments / Held: Applicant failed to prove misrepresentation induced contract / Respondent did not breach terms of contract / Applicant breached contract by failing to make payments / Applicant to pay Respondent $8,418.54 / Counterclaim partially allowed.

Contract / Applicant purchased vehicle from Respondent in exchange for chainsaw and mobile phone / Applicant spent $983.49 for work to be done on vehicle / Respondent has not given Applicant the vehicle / Applicant claimed return of vehicle / Held: Applicant not the owner of vehicle / No written communication about sale of vehicle / Applicant paid for work on vehicle but has not received benefit / Respondent ordered to pay Applicant $983.49 / Claim partially allowed.

Contract / Applicant requested Respondent to carry out work in Applicant's property / Respondent issued invoices totaling $70,104 / Respondent engaged solicitor to obtain remaining $30,000 outstanding payment / Applicant lodged claim in Disputes Tribunal stating value of claim to be $30,000 on various matters / Respondent filed counterclaim seeking $30,000 costs and that Applicant's claim was frivolous or vexatious / Applicant withdrew application and this decision deals with counterclaim only / Held: Applicant's claim against Respondent was frivolous and vexatious / Respondent entitled to award of costs but not including full legal costs / Applicant ordered to pay Respondent $5,800 / Claim partially allowed.

Contract / Disputes Tribunal Act 1988 / Respondent contracted with Applicant for the education of her child / Respondent agreed to Applicant's terms and conditions including paying fees / Respondent did not pay part of fees due in 2021 / Respondent did not paid fees for withdrawing her child from school without notice / Respondent sought to summon witnesses / Held: Respondent breached contract with Applicant / Outstanding amount for fees was proven Tribunal declined Respondent’s request to summon witnesses as relevance not established / Respondent application declined / Respondent ordered to pay Applicant $4,327.94 in fees and $94.68 in interest / Claim granted.

Contract / Consumer Guarantees Act 1993 / Applicant bought car from Respondent / Applicant noticed car due to be serviced / Applicant claims Respondent ought to pay for service $2,700.28 / Held: contract did not require Respondent to carry out full service / Respondent did not make representations that it would carry out full service / Applicant not able to show more likely than not car was not of acceptable quality / claim dismissed.

Contract / Building Act 2004 / Fair Trading Act 1986 / Applicant purchased newly constructed unit from Respondent / Applicant raised issue with cladding / Applicant claimed $30,000 compensation / Held: no breach of contract as no method of fixing specified / Method of fixing is not a defect under the Building Act 2004 / No damages or other remedy available to Applicant / Claim dismissed.

Contract / Limitation Act 2010 / Applicant claims debt from Respondent under credit contract assigned to it / Applicant claims entitlement to pursue debt under deed of assignment and last default date / Held: Applicant out of time in filing application / Applicant now prevented from pursuing any further claim against Respondent under assigned debt / Claim dismissed.

 Contract / Flat arrangement / Applicant agreed to rent a room in Respondent’s property /Applicant paid rent of $320.00 per week with one week paid in advance and bond / Applicant paid $960.00 to Respondent / Parties shook hands on the agreement / After three days Applicant terminated agreement and moved out of the property due to concerns over Respondent’s behaviour / Applicant advised Respondent she could keep one week’s rent payment but requested return of $640 bond / Respondent refused to return bond / Applicant also messaged Respondent for return of some shoes and food, which was refused / Applicant claimed $750.00 for bond refund and compensation for shoes and food / Held: Applicant entitled to terminate agreement with immediate effect due to feeling unsafe / Applicant entitled to refund of full bond and $150 for shoes and food / Respondent ordered to pay $790.00 / Claim granted.