Disputes Tribunal of New Zealand

Contract / Property / Applicant purchased house from Respondent / Applicant found lights did not work in rainy weather and also incomplete earthquake repairs / Applicant and agent had problems with lights at viewings for property prior to settlement / Applicant found original floors present and peeling paint from windows, soffits and fascia boards / Chimney was not repaired / Only two of three EQC scopes of repair for property were available to purchasers / Third EQC scope allowed for removal and replacement of floors, painting on soffits and fascias, removal of chimney and associated repairs / Applicant was quoted $19,000 for repairs / Applicant claimed for costs to remedy issues with property / Held: failure of lights was breach by Respondent of warranty in agreement that utility or amenity systems for property were in good working order / Failure to disclose third EQC scope was misrepresentation by Respondent about status of earthquake repairs / Applicant's understanding that Respon…

Consumer law / Consumer Guarantees Act 1993 / Applicant hired First Respondent to asphalt around Applicant's new home and driveway / Applicant unhappy with service and remedial work provided by First Respondent as driveway was continuing to deteriorate / Applicant concerned about asphalt in driveway / Applicant also concerned that asphalt product itself was not durable / Respondents caused denting and abrasive damage to Applicant's fence / Respondents said Applicant had unreasonable and unjustified expectations about asphalt and driveway surface / Held: Respondents breached reasonable care and skill guarantee by damaging Applicant's fence during their work and issues with neatness of asphalt compacting and edging / Insufficient evidence to show breach of reasonable care and skill in respect of whole asphalt job as reasonable care and skill not a standard of perfection / Applicant unable to prove breach by gradient and join issues with asphalt as was still reasonable in terms of care an…

Consumer law / Consumer Guarantees Act 1993 / Applicant purchased generator for campervan from Respondent / Shop owner placed generator into van in same position old generator was / Applicant discovered fire in campervan after driving on windy road / Generator had tipped over causing petrol to spill and ignite / Fire caused damage to van and Applicant's possessions / Applicant knew from previous generator that generator needed to remain upright / Applicant alleges breach of Consumer Guarantees Act by Respondent for not informing Applicant of danger fuel could escape if generator tipped over / Applicant claims insurance excess paid and compensation for lost possessions / Held: no breach of Consumer Guarantees Act as guarantees in Act do not impart obligation on supplier to inform consumer that petrol could escape if generator tipped over / Respondent also not liable only because shop manager placed generator in van as nothing places responsibility on supplier of goods once consumer tran…

Contract / Contract and Commercial Law Act 2017 / Limitation Act 2010 / Applicants hired the Respondent photographer for their wedding in 2017 / Applicants requested a fusion video to be added to their photography package for an extra $800 / To obtain the fusion video, the Applicants had to select 100 photographs and the Respondent would use a particular software to create the video / Applicants contacted the Respondent in 2024 to obtain the video / Respondent advised she no longer had the necessary software / Respondent offered three different options but these were not accepted by the Applicants / Applicants sought a refund of $800 / Held: reasonable expectation for the photo selection to take a few months’ time or for Applicants to contact Respondent to extend the timeline / Applicants’ delay of six and a half years was unreasonable / Applicants were unable to justify delay / Respondent had offered three alternative solutions which were not accepted by the Applicants / Claim dismiss…

Contract / Applicant leased a suite in commercial premises operated by Respondent / Weather event caused a leak in some of the other suites in the premises and part of the common areas / Applicant claimed a rent rebate of $3,300.00 for disruption to its business / Held: lease agreement only required that a portion of the building needed to be damaged for the Applicant to be entitled to a rebate / Applicant was therefore entitled to a rebate and $3,300.00 was a fair amount / Respondent ordered to pay $3,300.00 / Claim allowed.

Contract / Applicant bought Respondent's cleaning business / Two months post-purchase, business' client stopped Applicant's cleaning services / Applicant claimed Respondent knew client did not intend to continue contracted cleaning services / Applicant claimed refund of purchase price and other costs / Held: no tangible evidence to show Respondent knew, was told, or had reason to believe client was going to discontinue cleaning services / Applicant failed to establish Respondent's misrepresentation or misleading conduct / Applicant worked on site for two months which means the client knew of business handover to new ownership / Cancellation not linked to Respondent's proper handover if it were established / Respondent's counterclaim for compensation on reputational damage, stress and harassment dismissed / Claim dismissed.

Trespass / Respondent arranged tree-felling as part of planned subdivision next to Applicant's property / Tree on Applicant's property was cut down and surrounding vegetation damaged / Appellants claimed for loss of tree and associated loss of privacy, shelter, amenity value / Respondent counterclaimed for feeling harassed and intimidated by Applicants' persistent requests for compensation / Held: Actions taken by or on behalf of respondent amounted to trespass to land and respondent failed to take reasonable steps to discharge duty of care to Applicants / Respondent liable for loss and damage to Applicants' property and loss of enjoyment of their property / Communications from Applicants to Respondents objectively not bullying or harassment and Tribunal has no jurisdiction to award exemplary damages / Counterclaim dismissed.

Consumer law / Consumer Guarantees Act 1993 / Applicant purchased a dress from Respondent / Applicant wore the dress and noticed a tear along a seam / Applicant informed Respondent and dress was replaced and a $100 voucher provided / Applicant later noticed a tear in the replacement dress in the same place as the original dress / Applicant took dress back to Respondent / Respondent advised it would not be refunding price because dress had been damaged / Applicant claimed for a refund stating the dress was not of acceptable quality / Respondent stated that the Applicant did not have the right to reject the dress as it has been damaged whilst in her possession / Held: dress was not of acceptable quality / However, Applicant not entitled to remedy / Respondent produced evidence that the dress was damaged including dirt marks and burn marks within lining / Damage consistent with the dress being worn and subjected to inappropriate treatment / Evidence indicated dress was damaged through wea…

Contract / Misrepresentation / Contract and Commercial Law Act 2017 / Applicant bought vehicle from Respondent / Applicant claimed Respondent misrepresented condition of vehicle / Applicant claimed refund of price paid and compensation for parts and labour / Held: Respondent misrepresented condition of vehicle to Applicant / Vehicle had a body swap and it is not possible to achieve certification / Vehicle not roadworthy / Applicant entitled to damages as a result of misrepresentation / Respondent ordered to pay Applicant $16,500 / Applicant ordered to return vehicle to Respondent upon receipt of reimbursement / Claim allowed.

Negligence / Respondent was driving when he appeared to lose control of his vehicle and crashed into the Applicant’s parked van / Impact caused significant damage to van and its contents / Applicant claimed $30,000, being $25,000 for the van, $2360.12 for tools damaged in the accident, and the balance for stress and inconvenience / Respondent accepted responsibility for accident, however his insurer submitted he was not liable as there was no negligence / Respondent stated he believed he had a seizure because he had no memory of the accident / Respondent had recently stopped taking all medication prescribed for his medical condition and embarked on an extreme weight loss programme without medical advice / Held: a prudent person would have sought advice before ceasing medication and embarking on an extreme weight loss programme, and failing to do so was a breach of a duty of care / Breach of the duty of care led to the accident / Respondent was negligent / Respondent liable to pay vehic…

Consumer / Consumer Guarantees Act 1993 / Applicant bought car from Respondent for purpose of towing boat / Applicant took car for service and was told car is unsafe for towing a boat and last WOF should not have been issued / Applicant believed Respondent had said car had 90 day warranty so asked Respondent to pay / Applicant arranged for repair work to be done and claimed for cost of this / Held - vehicle was safe for towing  and was of acceptable quality at time of purchase / Applicant unable to show sufficient evidence to prove Respondents had offered a 90 day warranty on car / Claim dismissed. 

Consumer / Consumer Guarantees Act / Applicant installed hot water system produced by Respondent / Applicant experienced issues with hot water and Respondents sent technicians to investigate / Applicant still experienced issues and rejected the goods by having unit replaced / Applicant says original unit was faulty and claimed for cost of the replacement unit and installation / Held - there was an issue with the unit itself on the balance of probabilities / Applicant would ordinarily entitled to relief under s 18 Consumer Guarantees Act / Applicant had already disposed of unit so claim cannot continue because of s 20(1) Consumer Guarantees Act / Claim dismissed.