Disputes Tribunal of New Zealand

Contract / Consumer Guarantees Act 1993 / Respondent bought a dog from Applicant / Contract included a “Not to be Bred from” endorsement / Dog gave birth to 8 puppies / Applicant claimed $3800 for breach of contract / Respondent counter-claimed $30,000 for misrepresentation as to dog’s show quality / Held: dog producing puppies was a breach of contract / Respondent has not suffered nor proven monetary loss resulting from the breach of contract / No contractual damages available / No misrepresentation by Respondent / Claim and counter-claim dismissed.

Consumer law / Consumer Guarantees Act 1993 / Fair Trading Act 1986 / Applicant purchased a robot vacuum from Respondent for $2,399.20 plus $209.99 for an extended warranty / Applicant claimed vacuum started failing to pick up debris and later developed navigation problems / Applicant took vacuum to Respondent for assessment / Vacuum not repaired within promised timeframe / Respondent offered store credit for $2,399.20, which the Applicant rejected / Applicant claimed $6,162.46, for refund and extended warranty cost, $3,047.50 for damage to the skirtings, and $505.77 for damage to her front door / Held: vacuum was not as durable and fit for purpose as a reasonable consumer would have expected / Damage was caused by the vacuum / Applicant entitled to recover cost of repairing damage / Applicant provided quotations to support costs / Respondent ordered to pay $6,162.46 / Claim granted.

Contract / Contract and Commercial Law Act 2017 / Fair Trading Act 1986 / Applicant purchased property from Respondent / Applicant found out property could not be used for residential purposes without applying for resource consent / Applicant claims cost converting property for residential use $28,207.75 / Held: no misrepresentation made by Respondent regarding purposes of property / promotional material clear that using property for residential purposes was subject to city council consent /  claim dismissed.

Negligence / Land Transport (Road User) 2004 / Car accident / Applicant was driving and changed lane to make a left turn / Respondent pulled out of a nearby street into the path of Applicant’s car causing damage / Applicant claimed for recovery of their losses from accident / Respondent counterclaimed for his losses / Held: Respondent was negligent in failing to ensure the way was clear / Respondent required to give way to all traffic already on the road / Respondent liable for all losses incurred in the accident / Assessment of loss and repair account accepted and Respondent liable to pay / Respondent ordered to pay $6037.01 to Applicant’s insurer / Claim granted and counterclaim dismissed.

Consumer Guarantees Act 1993 / Applicant contracted Respondent to replace roof of their home / Roof had workmanship issues / Applicant claims refund of payment for roofing service $20,348.30 / Held: Respondent's roofing work not carried out with reasonable care and skill / Respondent given reasonable opportunity to remedy but did not resolve issues / Respondent must pay applicant $20,348.30 / claim allowed.

Contract / Respondent owned property sold to Applicant / Applicant claims multiple issues after settlement involving stove, heat pump, roof leak and fencing dispute / Applicant remedied issues and claims for reimbursement of costs / Held: Applicant entitled to be compensated to reinstate him to the position he would have been in had there been no issues with the stove, heat pump and fence / Applicant could not prove misrepresentation relating to roof and could not be awarded costs claimed for roof leak / Respondents ordered to pay Applicant $2,646.91 / claim allowed.

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.