Disputes Tribunal of New Zealand

Consumer Law / Misrepresentation / Applicant bought car from Respondent / Respondent made three representations regarding car that it drives great, has no panel damage and that the odometer reading was 130,000 km / Applicant claimed compensation for misrepresentation / Held: Applicant successful in showing misrepresentation relating to exterior condition of car and odometer reading / Respondent ordered to Pay applicant $865.18 / Claim allowed.

Contract / Applicant brought bendy bus from Respondent / Parties agreed that Respondent would do repairs so bus could get a certificate of fitness (COF) / Respondent obtained a list of required works / Applicant paid $10,000.00 deposit / On completion Respondent asked for $15,000 towards COF costs / Applicant claimed they agreed on $5,100 provided invoices were provided to support cost of materials / Applicant claimed $10,000 for deposit / Respondent counterclaimed $15,000 for repair costs / Held: parties had a binding contract / Respondent breached contract by not providing invoices / No evidence parties agreed Applicant would pay $15,000 for repairs / Respondent ordered to pay Applicant $10,000.00 / Claim granted and counterclaim dismissed.

Tort / Conversion / Duty of care / Negligence / Applicant leased property adjacent to Respondent / Both parties conducted small scale farming type activities / Respondent vacated land and took 90 sheep / Applicant claimed value of 16 sheep from Respondent / Held: Applicant failed to establish on balance of probabilities that Respondent took Applicant's sheep / Applicant unable to prove Respondent is responsible for Applicant's loss / Claim dismissed.

Negligence / Vicarious liability / Respondent crashed company van into Applicant’s backyard / Applicant claimed $13,340.00 in damages from Respondent's employer and Respondent / Held: Respondent was liable to compensate Applicant for damage / Respondent's employer was not vicariously liable for damage / Respondent was not working or authorised to use the vehicle at the time of the incident / Respondent liable for $13,340.00 / However, as Respondent's employer voluntarily agreed pay $1000.00 to Applicant, it must do so / Respondent ordered to pay remaining $12,340.00 to Applicant / Claim granted.

Contract / In May 2021, Applicant engaged Respondent as her property manager for her house while she was overseas / Property was tenanted until 4 July 2022 / After tenants moved out Respondent and Applicant’s friend carried out a final inspection / Cleaner was then engaged who discovered leak in the kitchen / Leak caused damage to kitchen which required extensive repairs / Only $3,000.00 of repair costs could be covered by Applicant’s insurer, as damage was deemed to be gradual / When Applicant returned to New Zealand she was unable to live in her home due to damage /  Applicant claimed $19,722.00 for repairs and rental costs / Held: Respondent breached contract by failing to do inspections prior to April 2022 / No evidence that leak existed or was discoverable in April 2022 / Final inspection and discovery of leak was less than three months later / Inspections were only contracted to be quarterly / Respondent not responsible for any damage that occurred between April and July 2022 / F…

Consumer law / Consumer Guarantees Act 1993 / Applicant purchased treadmill from Respondent / Treadmill required repair which Respondent addressed / Dispute arose about repair invoice / Applicant claimed order of non-liability to pay $427.50 repair invoice and cancel contract for full $3,025 refund / Held: treadmill was of acceptable quality / Applicant did not maintain treadmill properly voiding warranties / Respondent did not breach implied guarantee of acceptable quality / Applicant not entitled to cancel contract / Applicant liable to pay repair invoice / Applicant ordered to pay Respondent $427.50 / Claim dismissed.

Contract / Applicant said he paid the Respondent $12,676.00 as an interest free loan / Applicant said there was a verbal agreement that the Respondent would pay the money back / Applicant sought an order that the Respondent was liable to pay back the money / Respondent claimed there was no verbal agreement, and it was a gift / Held: no contract between the parties / Insufficient evidence to prove it was a loan and not a gift / Claim dismissed.

Consumer Guarantees Act 1993 / Applicant purchased vacuum cleaner from the Respondent with five-year warranty / Applicant returned vacuum to Respondent after it stopped turning on / Applicant claims $2,300 for the vacuum price and tribunal filing fee / Respondent claims they are not liable due to repairer report identifying liquid damage / Held: Respondent is not liable as the damage indicates the Applicant likely used vacuum in a manner inconsistent with its purpose / Disputes Tribunal application is not recoverable except in exceptional circumstances which do not apply here / Claim dismissed. 

Contract / Applicant engaged Respondent to carry out decking work and extra work for $13,028.10 / Applicant paid $11,000 / Applicant raised concerns that she had been overcharged / Applicant claimed $2,761 refund / Held: Respondent provided estimate to Applicant and price on document calculated incorrectly / Amount invoiced more than should have been charged / Applicant's current payment a fair contribution and Applicant no longer liable to pay any further money / Respondent not entitled to the balance of its invoice / Claim dismissed.

Contract / Applicant booked a one way flight intending to book the return flight the next day / Applicant was then unable to book the return trip / Respondent advised that she cancel her one way ticket and book both trips at the same time / Applicant cancelled her one way flight and used the credit to purchase a return trip / Applicant then got sick and wanted to cancel / Respondent advised as part payment was made using credit, it would not be refunded / Applicant claims for the remaining $8513.60 / Held: respondent was obliged to point out the implications of her one-way flight being cancelled and repaid via a credit / Applicant booked fares that could be cancelled and refunded upon the Respondent’s advice / Respondent is to pay Applicant $8513.60 / Claim granted.

Tort / Negligence / Land Transport (Road User) Rule 2004 / Applicant and Respondent involved in vehicle collision / Applicant claimed compensation for damages / Respondent counterclaimed compensation for insurance / Held: Applicant claimed breached duty of care and is not entitled to loss claimed / Respondent entitled to claim compensation / Applicant ordered to pay Respondent's Insurer $6,444.92 / Claim dismissed.

Contract / Construction Contract Act 2002 / Applicant entered into contract with Respondent for construction of dwelling / Applicant claimed $13,820 / Held: where term is ambiguous it should be interpreted against the drafter of contract / Applicant entitled to reimbursement of Council Fees / Respondent not entitled to payment for previously overlooked costs / Second Respondent ordered to pay Applicant $13,820 / Claim allowed.

Consumer law / Fair Trading Act 1986 / Applicants engaged Respondent to sign off and submit building plans to council / Applicants paid Respondent’s invoice of $3565 / Months later, Applicants contacted council and found plans had never been submitted / Applicants also discovered Respondent’s professional registration had been suspended the day before invoicing Applicants, and Respondent’s company had gone into liquidation shortly after / Applicants claimed refund of $3565 / Held: Respondent’s conduct was misleading and deceptive / Applicants entitled to refund from Respondent personally / Respondent ordered to pay Applicants $3565 / Claim allowed.